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SHELTON v. LOUISIANA STATE

No. 18-30349.

919 F.3d 325 (2019)

Ana Christine SHELTON, in her capacity as both the Natural Tutrix of the minor children S.A. and T.A. and the Independent Administratrix of the Succession of Nelson Arce, deceased, Plaintiff-Appellant v. LOUISIANA STATE; Louisiana Department of Public Safety and Corrections; Joseph Lopinto, in his official capacity as the Sheriff of Jefferson Parish, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 26, 2019.

Attorney(s) appearing for the Case

Andrew Rozynski , Juyoun Han , Jennifer Laura Karnes , Eisenberg & Baum, L.L.P., New York, NY, for Plaintiff-Appellant.

Dennis J. Phayer , Gregory Charles Fahrenholt , Burglass & Tankersley, L.L.C., Metairie, LA, for Defendants-Appellees Louisiana State, Louisiana Department of Public Safety and Corrections.

Daniel R. Martiny , Martiny & Associates, Metairie, LA, James Bryan Mullaly , Mullaly & Associates, New Orleans, LA, for Defendant-Appellee Joseph Lopinto.

Before HIGGINBOTHAM, SMITH, and HIGGINSON, Circuit Judges.

Ana Christine Shelton appeals the denial of attorneys' fees in her suit under the Americans with Disabilities Act. The district court held that Shelton is not entitled to fees because she recovered only nominal damages. We vacate the fee order and remand for the district court to reconsider whether special circumstances...

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