QUINTANA v. JENNE

No. 03-15443.

414 F.3d 1306 (2005)

Paul QUINTANA, Plaintiff-Appellant, v. Kenneth JENNE, in his official capacity as Sheriff of Broward County, Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 28, 2005.


Attorney(s) appearing for the Case

Maria Kate Boehringer, Boca Raton, FL, for Quintana.

Carmen Maria Rodriguez, Miami, FL, for Jenne.

Before DUBINA, PRYOR and KRAVITCH, Circuit Judges.


PRYOR, Circuit Judge:

The question in this appeal is whether the district court properly awarded attorney's fees to a prevailing defendant, even though the plaintiff, Paul Quintana, who alleged racial discrimination and retaliation in employment, established a prima facie case on one of his two claims for relief. Because the presentation of a prima facie case in response to a motion for summary judgment means that a claim necessarily cannot then be considered frivolous...

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