Unpublished Disposition, 935 F.2d 277 (9th Cir. 1991)

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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.


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