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DAFFRON v. SNYDER

No. 57A03-0603-CV-94.

854 N.E.2d 52 (2006)

Michael R. DAFFRON, Appellant-Plaintiff, v. Deputy Richard SNYDER # 2741, and Gary D. Leatherman, Noble County Sheriff, Appellees-Defendants.

Court of Appeals of Indiana.

September 19, 2006.

Attorney(s) appearing for the Case

Christopher C. Myers, Christopher C. Myers & Associates, Fort Wayne, IN, Attorney for Appellant.

Robert E. Kabisch, Andrew S. Williams, Fort Wayne, IN, Attorneys for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

Michael Daffron appeals the trial court's order denying his attorney's fees. Daffron filed suit against Deputy Richard Snyder and his employer, Sheriff Greg Leatherman, alleging state tort claims and a claim for deprivation of civil rights under 42 U.S.C. § 1983. Pursuant to 42 U.S.C. § 1988, a "prevailing party" in a section 1983 action may be awarded attorney's fees as part of the costs of the underlying...

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