PHELPS v. HAMILTON

No. 95-3403.

120 F.3d 1126 (1997)

Fred W. PHELPS, Sr., Jonathan B. Phelps, Karl D. Hockenbarger, Charles F. Hockenbarger, Timothy B. Phelps, Margie J. Phelps, Plaintiffs-Appellants, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 12, 1997.


Attorney(s) appearing for the Case

Elizabeth M. Phelps, Phelps-Chartered, Margie J. Phelps, Topeka, KS, for Plaintiffs-Appellants.

Deanne Watts Hay, Martha A. Peterson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., Topeka, KS, for Defendant-Appellee.

Before BRORBY, HENRY and MURPHY, Circuit Judges.


HENRY, Circuit Judge.

This case is before us on appeal from the district court's order denying the plaintiffs' petition for an award of attorney's fees under 42 U.S.C. § 1988. The district court found that while the plaintiffs were a "prevailing party" for purposes of awarding fees, the plaintiffs' degree of success on their claims did not justify an award. We exercise jurisdiction under 28 U.S.C. § 1291 and reverse and remand.

BACKGROUND

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