DAWSON v. BIRENBAUM

No. 96-SC-1115-DG.

968 S.W.2d 663 (1998)

Royce E. DAWSON, M.D.; Olney M. Patrick, M.D.; John S. Llewellyn, M.D.; Danny M. Clark, M.D.; Frank M. Gaines, Jr., M.D.; Cornelia Serpell; Charles L. Conley, D.O.; and Walter R. Brewer, M.D., as members of the Kentucky Board of Medical Licensure, and the Kentucky Board of Medical Licensure Appellants, v. Georges BIRENBAUM

Supreme Court of Kentucky.

April 16, 1998.


Attorney(s) appearing for the Case

C. Lloyd Vest, II, Louisville, for Appellants.

Kent Masterson Brown, Christopher J. Shaughnessy, Danville, for Appellee.


LAMBERT, Justice.

The issue in this case is whether a party who has alleged both federal constitutional claims and state statutory claims in state court, and prevailed on the state claims with the federal claims having been left unresolved, may recover attorney's fees under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 (§ 1988). For the reasons set forth below, we hold that such a party is a "prevailing party" who is eligible for...

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