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BINTA B. EX REL. S.A. v. GORDON

Nos. 10-6005, 12-5532.

710 F.3d 608 (2013)

BINTA B., by her next friend S.A.; Aiden L. and Nakia L., by their next friend S.L.; Sarai R. and Amber R., by their next friend T.R.; Gunnar U., by his next friend M.U., Plaintiffs-Appellees, v. Darin GORDON, in his official capacity as Deputy Commissioner and Director of the Bureau of TennCare; Mark Emkes, in his official capacity as Commissioner of the Tennessee Department of Finance and Administration, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 20, 2013.

Attorney(s) appearing for the Case

ARGUED: Michael W. Kirk , Cooper & Kirk, PLLC, Washington, D.C., for Appellants in 10-6005 and 12-5532. Christopher E. Coleman , Tennessee Justice Center, Nashville, Tennessee, for Appellees in 10-6005 and 12-5532. ON BRIEF: Michael W. Kirk , Charles Cooper , Derek L. Shaffer , Cooper & Kirk, PLLC, Washington, D.C., Linda A. Ross , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants in 10-6005. Michael W. Kirk , Nicole J. Moss , Adam R.F. Gustafson , Cooper & Kirk, PLLC, Washington, D.C., Linda A. Ross , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellants in 12-5532. Christopher E. Coleman , Gordon Bonnyman, Jr. , Tennessee Justice Center, Nashville, Tennessee, Kenneth W. Zeller , AARP Foundation Litigation, Washington, D.C., for Appellees in 10-6005. Christopher E. Coleman , Gordon Bonnyman, Jr. , Tennessee Justice Center, Nashville, Tennessee, William H. Farmer , James W. White , Jones Hawkins & Farmer, PLC, Nashville, Tennessee, for Appellees in 12-5532.

Before: SILER, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Congress and the Supreme Court have made it abundantly clear that the aim of 42 U.S.C. § 1988 "is not for the purpose of aiding lawyers. The purpose of th[e] bill is to aid civil rights." 122 CONG. REC. 33,314 (Sept. 29, 1976) (remarks of Sen. Kennedy); Farrar v. Hobby, 506 U.S. 103, 115, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992) ("awards under § 1988 were never intended to produce...

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