Braunstein v. Ariz. Dep't of Transp., No. 10-16564 (9th Cir. 2012)
Annotate this CasePlaintiff Paul Braunstein, the owner and operator of an Arizona engineering and land surveying firm that previously performed work for the Arizona Department of Transportation, sought damages based on Arizona's use of an affirmative action program in its award of a 2005 transportation engineering contract. The district court concluded that Braunstein lacked standing to seek damages in this equal protection suit because he never demonstrated that the challenged affirmative action program affected him personally or impeded his ability to compete for subcontracting work. The Ninth Circuit Court of Appeals affirmed in part and reversed in part, holding (1) the district court correctly concluded that Braunstein lacked standing; but (2) the district court erred in awarding Defendants attorneys' fees and imposing sanctions against Braunstein's attorneys for unreasonably prolonging the proceedings.
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