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DEARMORE v. CITY OF GARLAND

No. 06-11007.

519 F.3d 517 (2008)

Roy DEARMORE, Individually and as Representative of all Owners of Single Family Residential Property in Garland, Texas; A.C. Blair, Individually and as Representative of all Property Managers in Garland, Texas; Marie Combs, Individually and as Representative of all Tenants of Single Family Residential Property in Garland, TX, Plaintiffs-Appellees, v. CITY OF GARLAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 2008.

Attorney(s) appearing for the Case

Robert A. Miller (argued), Prager & Miller, Dallas, TX, for Plaintiffs-Appellees.

William Chareles Bundren, Wm. Charles Bundren & Associates, Frisco, TX, for Dearmore.

Michael John Betz (argued), Ronald Bradford Neighbor, Garland, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Defendant-Appellant City of Garland ("the City") appeals from the district court's order awarding attorney's fees to Plaintiffs-Appellees Roy Dearmore, A.C. Blair, and Marie Combs (collectively "Dearmore"), under 42 U.S.C. § 1988(b). This statute authorizes an award of attorney's fees to a "prevailing party" in an action to enforce the provisions of certain federal statutes, including 42 U.S.C. § 1983. The City also appeals...

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