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COLLINS v. ROMER

No. 90-1326.

962 F.2d 1508 (1992)

Richard COLLINS, John Cox, Paul Bobb and Michael Watson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Roy ROMER, Governor of Colorado, in his official capacity; Frank Gunter, Executive Director, Colorado Department of Corrections, in his official capacity; L. Dennis Kleinsasser, Ph.D., Director of Clinical Services, Colorado Department of Corrections, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 5, 1992.

Attorney(s) appearing for the Case

Carolyn Lievers, Asst. Atty. Gen., General Legal Services Section (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., Maurice G. Knaizer, Deputy Atty. Gen., John Lizza, First Asst. Atty. Gen., Larry A. Williams, First Asst. Atty. Gen., and Stacy Worthington, Asst. Atty. Gen., on the brief), Denver, Colo., for defendants-appellants.

Boyd N. Boland (Robbin A. Lego and Karen E. Robertson with him on the brief), of Holme, Roberts & Owen, Denver, Colo., for plaintiffs-appellees.

LOGAN and BRORBY, Circuit Judges, and DAUGHERTY, District Judge.

DAUGHERTY, District Judge.*

The Appellants appeal from an award of attorneys fees to the Appellees under 42 U.S.C. § 1988. The Appellees, inmates in the custody of the Colorado Department of Corrections, were parties in a suit brought under 42 U.S.C. § 1983 challenging a Colorado statute which required Colorado prison inmates to make a $3.00 co-payment for each medical visit. In the suit it was claimed that the co-payment statute...

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