Free Order on Motion for Attorney Fees - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Pending is Defendant's Motion For Attorneys' Fees (Doc. #134). For the reasons set 19 forth below, Defendant's Motion will be denied.. 20 Defendant requests that the Court award attorneys' fees in their favor under 42 U.S.C. 21 § 1988. A Defendant in a civil rights action should be awarded attorneys' fees "only where 22 the action brought is found to be unreasonable, frivolous, meritless or vexatious." The Court 23 concludes, however, that despite the fact that Plaintiff did not succeed in this action, his 24 claims were meritorious nonetheless. Christiansburg Garment Co. v. Equal Employment 25 Opportunity Comm'n, 434 U.S. 412, 421 (1978). 26 27 28
Case 2:03-cv-00060-ROS Document 143 Filed 11/08/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Joe Ramirez and Ana Ramirez,) Individually and as Parents and Legal) ) Guardians of Jose Ramirez,, ) ) Plaintiff, ) ) vs. ) ) Glendale Union High School District No.) ) 205, et al., ) ) Defendant. ) )

No. 03-0060-PHX-ROS ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Accordingly, IT IS ORDERED that Defendant's Motion For Attorneys' Fees (Doc. #134) is DENIED.

DATED this 8th day of November, 2006.

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