SINAJINI v. BD. OF EDUC. OF SAN JUAN SCHOOL DIST.

No. 99-4130.

233 F.3d 1236 (2000)

Jimmy SINAJINI, Bill Joe Sinajini, Joe Lee Begay, and Herbert Begay, minors, through their parents and/or guardian, Lena Begay; Cecil Vijil, Shirley Vijil, Clara Lameman, through their parent and/or guardian, Leona Vijil; Holly Nez, Howard Nez, and Hannah Nez, minors, through their parent and/or guardian, Marion Nez; Gilbert Rockwell and Linda Rockwell, minors, through their parent and/or guardian, Lena Rockwell; Edith Bigman, Juanita Bigman, and Dorothy Bigman, minors, through their parent and/or guardian, Seth Bigman; Anthony Dee, minor, through his parent and/or guardian, Gray Dee; Howard Holiday and Peter Holiday, minors, through their parent and/or guardian, Teddy Holiday; Harold Vijil, Alfred Vijil, minors, through their parent and/or guardian, Tully Vijil; Ferrell Collins, Sherril Collins, and Ilene Collins, minors, through their parent and/or guardian, Martha Collins; Sarah Billy and Brenda Billy, minors, through their parent and/or guardian, John Billy; Leroy Atcitty; Patricia Dennison, a minor, through her parents Tom Dennison and Arlene Dennison; Jimmy Goodman, Jr. and Gilbert Woodman, minors, through their parents and/or guardians, Lucy Goodman and Jimmy Goodman; Elaine Williams and Lorinda Williams, minors, through their parent and/or guardian, Mary Ann Williams; the Red Mesa Chapter of the Navajo Tribe; and the Oljato Chapter of the Navajo Tribe, Plaintiffs-Appellants, and United States of America; Navajo Nation, Aneth Chapter; Natasha Livingston; Dawny Clark, Nathan Clark, and Latoya Clark, minors, through their parent and/or guardian, Sherrill Clark, Plaintiffs-Intervenors, v. BOARD OF EDUCATION OF THE SAN JUAN SCHOOL DISTRICT; David Adams, Maxine Nielson, Harold Lyman, Tom Holiday, and Robert Billie, all individually and as members of the Board of Education of the San Juan School District; Kenneth Maughan, individually and as Superintendent of the San Juan School District; the San Juan County Commission; Dale Holmes, individually and as Chairman of the San Juan County Commission; William G. Dunow, and Case E. Broderick, individually and as commissioners of the San Juan County Commission; Utah State Board of Education, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 30, 2000.


Attorney(s) appearing for the Case

Donald J. Winder of Winder & Haslam, P.C., Salt Lake City, Utah (Trystan B. Smith of Winder & Haslam; Eric P. Swenson, Salt Lake City, Utah; and Therese E. Yanan, DNA People's Legal Services, Inc., Shiprock, New Mexico, with him on the briefs), for Plaintiffs-Appellants.

Brinton R. Burbidge of Burbidge, Carnahan, Ostler & White, Salt Lake City, Utah (Randy T. Austin of Kirton & McConkie, Salt Lake City, with him on the brief), for Defendants-Appellees.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.


McKAY, Circuit Judge.

This appeal is about the scope and amount of an attorney fee award granted pursuant to 42 U.S.C. § 1988(b). The district court determined that Plaintiffs had partially prevailed in litigating their civil rights claims and awarded a reduced amount of fees and costs. Plaintiffs appeal, contending that the award was unreasonably limited.

In 1974, Appellants brought a class action under 42 U.S.C. § 1983, alleging that the San Juan...

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