CARHART v. STENBERG

No. 4:97CV3205.

11 F.Supp.2d 1134 (1998)

Leroy CARHART, M.D., on behalf of himself and his patients obtaining abortions, Plaintiff, v. Don STENBERG, in his official capacity as Attorney General for the State of Nebraska; Mike Munch, in his official capacity as County Attorney for Sarpy County and as a representative of all county attorneys in Nebraska; Gina Dunning, in her official capacity as Director of Regulation and Licensure of the Nebraska Department of Health and Human Services; and Charles Andrews, M.D., in his official capacity as Chief Medical Officer of Nebraska, Defendants.

United States District Court, D. Nebraska.

August 10, 1998.


Attorney(s) appearing for the Case

Simon Heller, David Gans, The Center for Reproductive Law & Policy, New York, NY,

Jerry M. Hug and Alan G. Stoler, Omaha, NE, for Leroy Carhart, M.D.

Don Stenberg, Atty. Gen., Steve Grasz, Deputy Atty. Gen., James D. Smith, Asst. Atty. Gen., Lincoln, NE, for Don Stenberg, Gina Dunning, Charles Andrews.

Tamra L. Walz, Deputy Sarpy County Attorney, Papillion, NE, for Mike Munch.


MEMORANDUM AND ORDER

KOPF, District Judge.

Having prevailed in his 42 U.S.C. § 1983 effort to stop enforcement of Nebraska's partial-birth abortion law, Dr. Carhart now requests (filing 47) that he be compensated for the attorney fees and expenses that he has incurred as a result of this litigation. See 42 U.S.C. § 1988(b) (Cum.Supp.1998). I will grant his motion in part and award fees and expenses of $46,855.29.

I. Background<...

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