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FELDERS v. BAIRETT

No. 16-4173.

885 F.3d 646 (2018)

Sherida FELDERS; Elijah Madyun, a minor, by and through LaToya Smedley, his mother; Delarryon Hansend, Plaintiffs-Appellees, v. Brian BAIRETT, a Utah Highway Patrol Trooper, Defendant-Appellant, and Jeff Malcom, an Iron County Deputy and K-9 Unit Officer, Defendant.

United States Court of Appeals, Tenth Circuit.

Filed March 9, 2018.

Attorney(s) appearing for the Case

Joshua D. Davidson , Assistant Utah Solicitor General ( Sean D. Reyes , Utah Attorney General, with him on the briefs), Salt Lake City, Utah, for Defendant-Appellant Bairett.

Robert B. Sykes ( Rachel L. Sykes with him on the brief) Sykes McAllister Law Offices, PLLC, Salt Lake City, Utah, for Plaintiffs-Appellees.

Before TYMKOVICH, Chief Judge, EBEL, and LUCERO, Circuit Judges.

This is a 42 U.S.C. § 1983 case; the single issue presented involves the costs to be awarded Plaintiffs after they prevailed at trial against Defendant Brian Bairett. Ordinarily prevailing parties can recover litigation costs from their opponent. See Fed. R. Civ. P. 54(d)(1). But Fed. R. Civ. P. 68...

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