C.P.X. v. Kelly Garcia, No. 21-1206 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Colloton, and Stras, Circuit Judges] Civil case - Civil rights. The district court did not abuse its discretion in granting in part plaintiffs' request for attorneys' fees and costs under 42 U.S.C. Sec. 1988 and 1997e(d). [ December 14, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1206 ___________________________ C.P.X., through his next of friend S.P.X., for themselves and those similarly situated; K.N.X., through his next friend Rachel Antonuccio, for themselves and those similarly situated, lllllllllllllllllllllPlaintiffs - Appellees, v. Kelly Kennedy Garcia, in her official capacity as Director of the Iowa Department of Human Services; Cory Turner, in his official capacity as Administrator, Division of Mental Health and Disabilities Services - Facilities; Jason Sodders, in his official capacity as Interim Superintendent of the Boys State Training School,1 lllllllllllllllllllllDefendants - Appellants. ____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: August 23, 2021 Filed: December 15, 2021 [Unpublished] ____________ Before LOKEN, COLLOTON, and STRAS, Circuit Judges. ____________ 1 Interim Superintendent Sodders is automatically substituted for his predecessor under Federal Rule of Appellate Procedure 43(c)(2). PER CURIAM. Defendants appeal an order of the district court2 granting in part plaintiffs’ request for attorney’s fees and expenses under 42 U.S.C. §§ 1988 and 1997e(d). We conclude that the district court did not abuse its discretion in its award of attorney’s fees and expenses. See 42 U.S.C. § 1988; Loggins v. Delo, 999 F.2d 364, 368 (8th Cir. 1993) (standard of review). Accordingly, we affirm, see 8th Cir. R. 47B, and we deny the pending appellate motion as unnecessary. Judge Loken dissents. ______________________________ 2 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. -2-
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