United States Fourth Circuit

In an action brought under 42 U.S.C.A. section 1983, the award of attorneys' fees to plaintiff-Virginia Office for Protection and Advocacy is reversed where plaintiff was not entitled to assert a claim under section 1983.

Appellate Information

• Decided 04/06/2005
• Published 04/06/2005

Judges

• Before WILKINS, Chief Judge, NIEMEYER, Circuit Judge, and Samuel G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:William Eugene Thro, State Solicitor General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant.   Jonathan Gerald Martinis, Virginia Office for Protection and Advocacy, Rights of Virginians with Disabilities, Richmond, Virginia, for Appellee. ON BRIEF:  Jerry W. Kilgore, Attorney General of Virginia, Maureen Riley Matsen, Deputy State Solicitor General, Ronald N. Regnery, Associate State Solicitor General, Jane D. Hickey, Senior Assistant Attorney General, Allyson K. Tysinger, Assistant Attorney General, Richmond, Virginia, for Appellant.