Unpublished Disposition, 935 F.2d 277 (9th Cir. 1991)

 Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 277 (9th Cir. 1991)

Lepo UTU, Demont R.D. Conner, Schuyler Decairnes, TerryTurner, and Aaron Weissman, Plaintiffs-Appellees,v.Harold FALK, Director of the the Department of Corrections,Theodore Sakai, Corrections Division Administrator, WilliamOku, Halawa Facility Administrator, Laurence S. Shohet,Corrections Supervisor II, State of Hawaii, Defendants-Appellants.

No. 90-15277.

United States Court of Appeals, Ninth Circuit.

Submitted June 11, 1991.* Decided June 13, 1991.

Before BEEZER, NOONAN and FERNANDEZ, Circuit Judges.

ORDER** 

This appeal is dismissed for lack of jurisdiction. The order awarding attorneys' fees is not a final order appealable under 28 U.S.C. § 1291 and is not appealable under the collateral order doctrine. Rosenfeld v. United States, 859 F.2d 717 (9th Cir. 1988); Hillery v. Rushen, 702 F.2d 848 (9th Cir. 1983).

Appellees are not prevailing parties in the sense intended by 28 U.S.C. § 1988. See Hanrahan v. Hampton, 446 U.S. 754, 756-59 (1980). Their request for attorneys' fees is denied.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.