O'Bryan v. County of Saginaw

MERRITT, Circuit Judge.

James O’Bryan and others, who are the “prevailing parties” in this civil rights action, appeal an order denying a request for appellate attorney’s fees under 42 U.S.C. § 1988. The District Court denied the motion erroneously upon the grounds that “the present motion pertains exclusively to plaintiff’s counsel’s time spent in connection with his prosecution of an appeal in this case, i.e., drafting of briefs, preparation of oral argument, etc. This court is without first hand knowledge of counsel’s work product as to the appeal, and is without any sound basis to adjudge…