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HUFFMAN v. HART

Civ. A. No. C 82-62 R.

576 F.Supp. 1234 (1983)

Darrell HUFFMAN, Plaintiff, v. Bill HART, as Sheriff of Floyd County, Georgia; Cecil Stewart, as Deputy Sheriff of Floyd County, Georgia; and Tommy Sanders, as Deputy Sheriff of Floyd County, Georgia, Defendants.

United States District Court, N.D. Georgia, Rome Division.

December 16, 1983.

Attorney(s) appearing for the Case

Christopher Frazier, Rome, Ga., for plaintiff.

Robert Brinson, Brinson, Askew & Berry, Rome, Ga., for defendants.

ORDER

HAROLD L. MURPHY, District Judge.

The plaintiff, who brought both a section 1983 claim and a pendent state-law claim of negligence against the defendants, moves for an award of attorney's fees under 42 U.S.C. § 1988 (1981), even though he prevailed at trial only on the pendent claim. His motion is denied because the legislative history to section 1988 indicates that attorney's fees should not be awarded in such a situation.

I. FACTS<...

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