DEIGHTON v. CITY COUNCIL OF COLO. SPRINGS

No. 99CA0319.

3 P.3d 488 (2000)

Darryl DEIGHTON d/b/a First Amendment Bookstore, Plaintiff-Appellee, v. The CITY COUNCIL OF the CITY OF COLORADO SPRINGS, Colorado; Robert Isaac, Leon Young, Lisa Aré, Cheryl Gillaspie, John Hazelhurst, Mary Lou Makepeace, Randy Purvis, Larry Small, David White, in their official capacities only as members of the Colorado Springs City Council; and The City of Colorado Springs, Colorado, a municipal corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

April 27, 2000.


Attorney(s) appearing for the Case

Arthur M. Schwartz, P.C., Arthur Schwartz, Michael Gross, Denver, Colorado, for Plaintiff-Appellee.

Patricia K. Kelly, City Attorney, Stephen Hook, Assistant City Attorney, Colorado Springs, Colorado, for Defendants-Appellants.


Opinion by Judge TAUBMAN.

In this action for monetary and declaratory relief pursuant to 42 U.S.C. § 1983 (1994), defendants appeal the trial court's award to plaintiff of attorney fees pursuant to the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 (1994). Darryl Deighton, d/b/a First Amendment Bookstore (Deighton), was the plaintiff in the original action. Defendants were City of Colorado Springs, City of Colorado Springs City Council...

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