Lance Milliman v. Howell County, Missouri, No. 23-2667 (8th Cir. 2023)

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Court Description: [Per Curiam - Before Gruender, Benton, and Kelly, Circuit Judges] Civil case - Attorney fees. Award of attorney fees to defendants affirmed without comment. [ December 07, 2023 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2667 ___________________________ Lance Gerald Milliman Plaintiff - Appellant v. Howell County, Missouri Defendant - Appellee Robert David Ray, Associate Circuit Court Judge, 37th Judicial Circuit Defendant Michael P. Hutchings, Prosecuting Attorney, Howell Co., Missouri Defendant - Appellee Bethany Hanson Turner, Public Defender, 37th Judicial District; Scott L. Nelson, Patrol Trooper, Missouri State Highway Patrol; Levi Stoops, Commercial Vehicle Inspector, Missouri Highway Patrol Defendants ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 5, 2023 Filed: December 8, 2023 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Lance Gerald Milliman appeals after the district court 1 awarded attorney fees to defendants Michael P. Hutchings and Howell County. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Milliman argues that defendants were not entitled to attorney fees. After careful consideration of the record and the parties’ arguments on appeal, this court concludes that the district court did not abuse its discretion in awarding the fees. See 42 U.S.C. § 1988; Williams v. City of Carl Junction, Mo., 523 F.3d 841, 843 (8th Cir. 2008). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. -2-

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