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KIMBROUGH v. CALIFORNIA

No. 08-17231.

609 F.3d 1027 (2010)

Clark Allen KIMBROUGH, Plaintiff-Appellee, v. State of CALIFORNIA, Department of Corrections; W. Walker, Jr.; David Tristian; T. Rougeux; J.P. Moser; D. Jessup; D. Falconer; C.L. Parks; H. Kosher; Gail Lewis; W.J. Juarez; R.R. Priolo; W. Buehler, Defendants, and Anthony C. Newland; Edward S. Alameida, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General of the State of California, David S. Chaney, Chief Assistant Attorney General, Rochelle C. East, Senior Assistant Attorney General, Vickie P. Whitney, Supervising Deputy Attorney General, and Rebecca M. Armstrong-Grau (argued), Deputy Attorney General, Sacramento, CA, for the appellants.

Steven H. Frankel and Joseph Angelo DeSantis (argued), Sonnenschein Nath & Rosenthal, LLP, San Francisco, CA, and Carter White, King Hall Civil Rights Clinic, U.C. Davis School of Law, Davis, CA, for the appellee.

Before DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON, and ROBERT E. COWEN, Circuit Judges.

RAWLINSON, Circuit Judge:

Appellants Anthony C. Newland and Edward S. Alameida (State) challenge the district court's award of attorneys' fees to the U.C. Davis School of Law, King Hall Civil Rights Clinic (King Hall), pursuant to the Prison Litigation Reform Act (PLRA) and 42 U.S.C. § 1988.

We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse the award of fees because the services performed...

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