KANSAS JUDICIAL WATCH v. STOUT

No. 09-3356.

653 F.3d 1230 (2011)

KANSAS JUDICIAL WATCH; Honorable Charles M. Hart; Robb Rumsey, Plaintiffs-Appellants, v. Mike L. STOUT, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Jennifer L. Jones, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; Nancy Anstaett, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; J. Patrick Brazil, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Theodore B. Ice, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications.; Christina Pannbacker; William B. Swearer, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Carolyn Tillotson, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; Robert Fleming; Bruce Buchanan; Mary Davidson Cohen; Robert A. Creighton, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; David J. King, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Lawrence E. Sheppard, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Edward G. Collister, Jr., in his official capacity as Commission Examiner for the Kansas Commission on Judicial Qualifications; Stanton A. Hazlett, in his official capacity as Disciplinary Administrator; Frank D. Diehl, in his official capacity as Deputy Disciplinary Administrator; Alexander M. Walczak, in his official capacity as Deputy Disciplinary Administrator; Janith A. Davis, in her official capacity as Deputy Disciplinary Administrator; Gayle B. Larkin, in her official capacity as Admissions Attorney, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 9, 2011.


Attorney(s) appearing for the Case

Josiah S. Neeley , Bopp, Coleson & Bostrom, Terre Haute, IN ( Jeffrey P. Gallant , James Bopp, Jr. , and Anita Y. Woudenberg , Bopp, Coleson & Bostrom, Terre Haute, IN; and Austin K. Vincent , Topeka, KS, with him on the briefs) for Plaintiffs-Appellants.

George T. Patton, Jr. , Bose McKinney & Evans LLP, Indianapolis, IN ( Marisol Sanchez , Bose McKinney & Evans LLP, Indianapolis, IN; and Stephen O. Phillips , Office of the Attorney General of the State of Kansas, Topeka, KS, on the brief) for Defendants-Appellees.

Before KELLY, EBEL, and HOLMES, Circuit Judges.


EBEL, Circuit Judge.

Plaintiffs-Appellants Kansas Judicial Review ("KJR"), the Honorable Charles M. Hart, and Robb Rumsey appeal from the district court's order denying their motion for attorney's fees. This case requires us to decide whether Appellants qualify as "prevailing parties" entitled to attorney's fees under 42 U.S.C. § 1988 where they secured a preliminary injunction that afforded some of the relief sought in the complaint, the district court granted...

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