Legal Opinion
Bratton v. City of Albuquerque
District Court, D. New Mexico
Decided December 1, 2004No. CIV. 04-74 JBRLPPublished
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BROWNING, District Judge.
THIS MATTER comes before the Court on the Defendant’s Motion for Attorney’s Fees and Costs, filed July 6, 2004 (Doc. 29). The primary issue is whether the Defendant City of Albuquerque is a prevailing party under the Civil Rights At torney’s Fees Act, 42 U.S.C. § 1988(b). Because the Plaintiff Ronald R. Bratton voluntarily dismissed his federal claims, and because there was not a judicial determination on the merits, the Court will deny the City’s motion.
FACTUAL BACKGROUND
On January 20, 2004, Bratton filed his Complaint for Declaratory…
2Cases cited13 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Ohio v. RobertsSupreme Court of the United States · 1980
- Hughes v. RoweSupreme Court of the United States · 1980
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
8 more not listed; retrieve them via the Exa API.