Roy C. Henderson v. Marvin Evans

U.S. Court of Appeals for the Eighth Circuit

Roy C. Henderson v. Marvin Evans

Opinion

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No. 96-1259 ___________

Roy C. Henderson, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Marvin Evans, Eddie Yarbrough, * Ivan King and Luther Alexander, * [UNPUBLISHED] * Appellants. *

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Submitted: September 9, 1996

Filed: September 17, 1996 ___________

Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.

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PER CURIAM.

Roy C. Henderson, an inmate of the Arkansas Department of Correction, brought a 42 U.S.C. § 1983 action against several prison officials, alleging violations of the Eighth Amendment. Ultimately a jury returned a verdict in Henderson's favor against one of the defendants and awarded Henderson $500 in damages. Judgment was entered in accordance with the jury verdict. In addition, the District Court granted a motion filed by Henderson's court-appointed attorney for attorney fees and expenses in the total amount of $10,487.80.

The state appeals, arguing that the court abused its discretion in failing to reduce the amount of fees and expenses requested by Henderson's counsel, considering that Henderson prevailed against only one of the defendants and on less than all of his claims. Having reviewed the case, we conclude that no abuse of discretion occurred. Given the circumstances of the case, we cannot say that the award of fees and expenses is unreasonable in amount.

AFFIRMED. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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Reference

Status
Unpublished