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DE JESUS NAZARIO v. MORRIS RODRIGUEZ

No. 07-2265.

554 F.3d 196 (2009)

Migdalia DE JESÚS NAZARIO, personally and in representation of the Estate of Decedent Michael Ortiz De Jesús, Plaintiff, Appellant, v. José A. MORRIS RODRÍGUEZ; José Ortiz-Reyes, Defendants, Appellees, Lieutenant Jorge Brenes-Escobar; Sergeant Carlos R. Santos-Ortiz, Defendants.

United States Court of Appeals, First Circuit.

Decided January 30, 2009.

Attorney(s) appearing for the Case

Mauricio Hernandez Arroyo for appellant.

Irene S. Soroeta-Kodesh, Assistant Solicitor General, Department of Justice, with whom Maite D. Oronoz-Rodríguez, Acting Solicitor General, was on brief for appellee.

Before Lipez, and Howard, Circuit Judges and DiClerico, Jr., District Judge.

HOWARD, Circuit Judge.

In this appeal, we review a denial of an award of attorney's fees and costs under the Civil Rights Attorney's Fees Award Act of 1976 (Fees Act), 42 U.S.C. § 1988. The district court apparently concluded that a jury award of punitive damages unaccompanied by actual or nominal damages in favor of plaintiff-appellant Migdalia De Jesus Nazario (De Jesus Nazario) was insufficient to confer on her the requisite prevailing party status under the...

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