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ZINNA v. CONGROVE

No. 10-1482.

680 F.3d 1236 (2012)

Michael L. ZINNA, Plaintiff-Appellant, v. Judy CONGROVE, as personal representative of the estate of James Congrove, deceased, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 5, 2012.

Attorney(s) appearing for the Case

Teresa L. Ashmore ( Stephen Waters with her on the briefs), Robinson Waters & O'Dorisio P.C., Denver, CO, for the Plaintiff-Appellant.

Patrick Tooley ( Kevin M. Coates with him on the briefs), Dill Dill Carr Stonbraker & Hutchings, Denver, CO, for the Defendant-Appellee.

Before LUCERO, McKAY, and TYMKOVICH, Circuit Judges.

LUCERO, Circuit Judge.

Michael Zinna appeals the district court's attorneys' fee award following a successful 42 U.S.C. § 1983 civil rights suit against James Congrove, a county official. On its consideration of the jury verdict favoring Zinna, the district court determined the damage award was nominal and the victory merely technical. It proceeded to award Zinna but $8,000 in attorneys' fees under § 1988-$1,000 for each day of an eight-day trial. In light...

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