Owen v. City of Independence
Owen v. City of Independence
Opinion of the Court
ORDER ON REMAND
In Owen v. City of Independence, Mo., 589 F.2d 335 (8th Cir. 1978) (Owen II), this
In light of the Supreme Court’s holding, we must reverse the judgment of the district court dismissing Owen’s action. The action will be remanded to the district court for further proceedings consistent with part I of our opinion in Owen II, supra, 589 F.2d at 336-37, the opinion of the Supreme Court, - U.S. -, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980), and parts II and III of our earlier opinion in Owen v. City of Independence, Mo., 560 F.2d 925 (8th Cir. 1977) (Owen I). Notwithstanding our comments in part IV of Owen I, the district court remains free to fashion a remedy for Owen’s constitutional deprivations and to award appropriate relief.
Appellate Owen is awarded his costs on appeal. The district court shall have discretion to determine and award attorney’s fees for all services rendered in this action.
Reference
- Full Case Name
- George D. OWEN v. The CITY OF INDEPENDENCE, MISSOURI, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri, Appellees George D. OWEN v. The CITY OF INDEPENDENCE, MISSOURI, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri
- Cited By
- 1 case
- Status
- Published