Colvin v. Curtis

MEMORANDUM OPINION AND ORDER

GAGLIARDI, Senior District Judge:

Defendants move for judgment as a matter of law 1 or in the alternative for a new trial. For the reasons discussed below, the motion is denied in part and granted in part. Plaintiff moves for attorney’s fees and costs pursuant to 42 U.S.C. § 1988. Because Plaintiff is a prevailing party within the meaning of the statute, the matter of fees and costs is hereby referred to Magistrate Judge Swartz.

I. Factual Background

Around 11:00 p.m. on August 7, 1991, Plaintiff Charles Colvin climbed into his pickup truck and fell asleep. He was…