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COFFEY v. COX

No. 01-3077.

234 F.Supp.2d 884 (2002)

Charles G. COFFEY, Plaintiff, v. James C. COX, Joseph Galassi, James Simmons, and Michael Stang, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

December 6, 2002.

Attorney(s) appearing for the Case

Mary Lee Leahy, Leahy Law Offices, Springfield, IL, Howard W. Feldman, Feldman, Wasser, Draper & Benson, Springfield, IL, for Plaintiff.

Jeffrey D. Colman, David Jimenez-Ekman, Maaike S. Hudson, Jenner & Block Chicago, IL, for Defendants.

OPINION

RICHARD MILLS, District Judge.

A weak evidentiary case;

A reliance upon the wrong legal test; and

A pattern of bringing questionable Rutan claims against the State.

However, the Court does not believe that an award of attorney's fees is appropriate under either 42 U.S.C. § 1988 or 28 U.S.C. § 1927.

Defendants' motion for attorneys' fees is denied.

I. BACKGROUND

On March 2,...

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