Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Zephier v. Pierce, 714 F.2d 856 (1983)

Citation
Zephier v. Pierce, 714 F.2d 856 (1983)
Parent Document
Zephier v. Pierce, 714 F.2d 856 (1983)
Effective Date
1983-08-19

Full Text

558 chars
We need not resolve the question of whether the Hedquists were state actors, however, because we are convinced that Zephier was not a “prevailing party” under section 1988. Zephier did prevail in the district court in the sense that she obtained a preliminary injunction which afforded her most of the procedural protections she sought, see United Handicapped Federation v. Andre, 622 F.2d 342, 346 (8th Cir.1980), but in our view the district court erred in granting the preliminary injunction. It thus necessarily erred in granting Zephier attorneys’ fees.