BIALK v. MILWAUKEE COUNTY

No. 92-2664.

180 Wis.2d 374 (1993)

509 N.W.2d 334

Robert J. BIALK, Plaintiff-Appellant, v. MILWAUKEE COUNTY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 23, 1993.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Sutton & Kelly by Walter F. Kelly, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Robert G. Ott, corporation counsel, by John F. Jorgensen, principal assistant corporation counsel, of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.


WEDEMEYER, P.J.

Robert J. Bialk appeals from a judgment denying his request for attorney fees pursuant to 42 U.S.C. § 1988(b). Following a successful 42 U.S.C. § 1983 action against Milwaukee County, Bialk filed a motion for attorney fees. The trial court, relying on its belief that Bialk should not have won at trial, denied an attorney fee award. Because the trial court had no authority to deny attorney fees based on its re-assessment of the merits of the...

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