Coffey v. Cox

OPINION

RICHARD MILLS, District Judge.

A weak evidentiary case;

A reliance upon the wrong legal test; and

A pattern of bringing questionable Rutan claims against the State.

However, the Court does not believe that an award of attorney’s fees is appropriate under either 42 U.S.C. § 1988 or 28 U.S.C. § 1927.

Defendants’ motion for attorneys’ fees is denied.

I. BACKGROUND

On March 2, 2001, Plaintiff Charles G. Coffey filed the above-captioned case, pursuant to 42 U.S.C. § 1983, alleging that Defendants Warden James C. Cox, Joseph Galassi, and James Simmons violated his First Amendment rights by failing…