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BOSLEY v. MINERAL COUNTY COM'N

No. 10-1203.

650 F.3d 408 (2011)

Brenda A. BOSLEY, Administratrix of the Estate of James C. Bosley, Deceased; Brenda Bosley, Plaintiffs-Appellees, v. MINERAL COUNTY COMMISSION; Paul Sabin, Chief Deputy of the Mineral County Sheriff's Office; Craig Fraley, Sheriff, Defendants-Appellants, and D.L. Lemmon, Colonel, Superintendent of the West Virginia State Police, in his official capacity; James M. Mills, State Trooper, in his personal capacity; Mineral County Sheriff's Office; John Does 1-5, in both their official and personal capacities, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Steven Kenneth Nord , Offutt Nord, Huntington, West Virginia, for Appellants. Harry P. Waddell , Law Office Of Harry P. Waddell, Martinsburg, West Virginia, for Appellees. ON BRIEF: Michael R. Dockery , Offutt Nord, Huntington, West Virginia, for Appellants.

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Chief Judge TRAXLER and Judge GREGORY concurred.

OPINION

DAVIS, Circuit Judge:

Appellants, the County Commission of Mineral County, West Virginia, County Sheriff Craig Fraley, and his Chief Deputy, Paul Sabin, challenge the district court's award of attorney's fees and costs under 42 U.S.C. § 1988 to Appellee Brenda A. Bosley. Appellants do not challenge the calculation, the amount or the reasonableness of the award; nor do they dispute that Appellee was a "prevailing party" under § 1988(b)....

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