Legal Opinion
Phelps v. Hamilton
District Court, D. Kansas
Decided March 25, 1997No. Civil Action No. 93-4042-KHVPublished
1Opinion of the Court
MEMORANDUM AND ORDER
VRATIL, District Judge.
This matter comes before the Court on Plaintiffs’ Motion For Fees And Expenses (Doc. # 118) filed July 19, 1996. Plaintiffs Fred Phelps and Edward Engel move for an award of attorney fees under 42 U.S.C. § 1988(b).1 For the following reasons the Court finds that plaintiffs are not “prevailing parties” within the meaning of Section 1988 and accordingly it overrules plaintiffs’ motion.
Factual Background
The factual background and procedural history in this ease are lengthy. Plaintiffs filed their complaint over four years ago seeking declaratory and…
2Cases cited16 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Farrar v. HobbySupreme Court of the United States · 1992
- Garrison v. LouisianaSupreme Court of the United States · 1964
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
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