Legal Opinion
Wimberly v. City of Clovis
District Court, D. New Mexico
Decided December 2, 2004No. CIV-03-0871JBKBMPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BROWNING, District Judge.
THIS MATTER comes before the Court on the Defendant’s Motion for Award of Attorney Fees, filed July 30, 2004 (Doc. 38). The primary issue is whether Plaintiff Jerry Wimberly’s federal claim was so frivolous that the Court should award Defendant City of Clovis (“the City”) attorney’s fees. Because the Court concludes that this case does not constitute the rare circumstances that justify awarding fees to the prevailing defendant, the Court will deny the motion.
PROCEDURAL BACKGROUND
Plaintiff Jerry Wimberly filed a lawsuit on March 21, 2002,…
2Cases cited8 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Mitchell v. City of MooreCourt of Appeals for the Tenth Circuit · 2000
- Stidham v. Peace Officer Standards & TrainingCourt of Appeals for the Tenth Circuit · 2001
- Salguero v. City of ClovisCourt of Appeals for the Tenth Circuit · 2004
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3Cited by1 opinion
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