FREW v. YOUNG

No. 20-40541.

992 F.3d 391 (2021)

Carla FREW; Charlotte Garvin, as next friend of her minor children Johnny Martinez, Brooklyn Garvin and Breanna Garvin; Class Members; Nicole Carroll, Class Representative; Maria Ayala, as next friend of her minor children, Christopher Arizola, Leonard Jimenez, and Joseph Veliz; Mary Jane Garza, as next friend of her minor children, Hilary Garza and Sarah Renea Garza, Plaintiffs-Appellants, v. Cecile YOUNG, M.D.; John William Hellerstedt, M.D., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 26, 2021.


Attorney(s) appearing for the Case

Timothy Borne Garrigan , Timothy David Craig , Stuckey & Garrigan Law Offices, P.L.L.C., Nacogdoches, TX, for Plaintiffs-Appellants.

Adam Israel Steene , Andrea Leyva , Office of the Attorney General, General Litigation Division, Philip A. Lionberger , Office of the Solicitor General for the State of Texas, Austin, TX, for Defendants-Appellees.

Before King, Smith, and Haynes, Circuit Judges.


Plaintiffs return to this court to challenge the district court's determination that, despite their status as a "prevailing party" under 42 U.S.C. § 1988, they are entitled to no fees. They appeal the court's underlying judgment and its ensuing denial of their motion to reconsider that judgment. But because plaintiffs...

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