Carpenter v. StateAnnotate this Case
The State Board of Nursing entered a disciplinary order imposing discipline on the nursing license of Karen Carpenter, including a three-year probationary period with numerous conditions and restrictions. The circuit court reduced the probationary period to one year and eliminated almost all conditions and restrictions imposed by the Board, concluding that the Board’s disciplinary order was arbitrary, unreasonable, and excessive. The circuit court then rejected Carpenter’s motion for attorney’s fees, concluding that Carpenter was not a “prevailing party” because she was still subject to discipline. The Supreme Court affirmed, holding (1) Carpenter “prevailed” when she petitioned, successfully, to have the probationary period on her license reduced to one year and to eliminate almost all of the conditions and restrictions imposed by the Board; but (2) Carpenter was not entitled to attorney’s fees under Mo. Rev. Stat. 536.087.1 because the Board did not take a position as to the discipline to be imposed on Carpenter’s license.