Howard L. Wyatt, Plaintiff-Appellant-Cross-Appellee v. Bill Cole, and Lloyd S. Jones, Wiley Magee & Mike Moore, Defendants-Appellees-Cross-Appellants

Howard L. Wyatt appeals a summary judgment order denying his claim for monetary damages under 42 U.S.C. § 1983 and awarding less than his requested attorneys fees under 42 U.S.C. § 1988. We find that monetary damages are barred by the defendants’ immunities and that the fee award against the state was not clearly erroneous, but remand to the district court for the calculation of a reasonable fee award against defendant Bill Cole.

I

Howard L. Wyatt and Bill Cole are former business partners. On July 25, 1986, with the assistance of his attorney, John Robbins II, Cole filed a complaint in…