HOUSTON v. NORTON

No. 99-1174.

215 F.3d 1172 (2000)

G. Sam HOUSTON, Plaintiff-Appellant, v. Gale A. NORTON, named as Gale Norton, individually and in her official capacity as the Attorney General, State of Colorado; James Carr, individually and in his official capacity as the Assistant Attorney General, State of Colorado; Amos Martinez, individually and in his official capacity as the Administrator of the State of Colorado Grievance Board; Clair Villano, individually and in her official capacity as the Chairperson of the State of Colorado Grievance Board; Jim Stanley, individually and in his official capacity as the Deputy District Attorney for the First Judicial District, State of Colorado; Kevin Armstrong, individually and in his official capacity as Detective, City of Lakewood, Colorado Police Department; Dan Montgomery, individually and in his official capacity as the Chief of Police, City of Westminster, Colorado; and Unknown John or Jane Does, individually and in their official capacities as Police Officers, Investigators for the Cities of Westminster and Lakewood Police Departments; Linda Orsello, individually; Hillary Watters, individually; Ann Short, individually; John Pickett, individually; Jack Hurst, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 26, 2000.


Attorney(s) appearing for the Case

G. Sam Houston, Pro se.

Timothy P. Schimberg and Katherine Taylor Eubank of Fowler, Schimberg & Flanagan, P.C., and Paul S. Sanzo, Attorney, Colorado Attorney General's Office, Denver, Colorado, for Defendants-Appellees.

Before BALDOCK, BRISCOE, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

This case presents an issue of first impression in this Circuit regarding the imposition of attorney fees on G. Sam Houston, a pro se plaintiff, in a 42 U.S.C. § 1983 action. The Supreme Court has directly addressed the issue in Hughes v. Rowe, 449 U.S. 5, 14-16, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980), and has set out the standard to be applied. We reverse and remand the district court's order awarding...

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