Mulier v. Johnson

Plaintiff appeals from a summary judgment against his claims under 42 USC section 1983 and for “violation of statutory duty” and from the trial court’s subsequent entry of a judgment for attorney fees. He asserts that the court erred in allowing summary judgment and that the allowance of attorney fees was erroneous in that, inter alia, defendants never asserted an entitlement to fees in their motion for summary judgment. See ORCP 68 C(2)(b). We affirm the entry of summary judgment without any further discussion. However, we vacate the judgment awarding defendants attorney fees and remand for…