United States Sixth Circuit

An order sanctioning an attorney and the Equal Justice Foundation and awarding defendant-village attorneys' fees for his conduct as an attorney for plaintiff in a 42 U.S.C. section 1983 action is reversed where the district court rendered its decision under a clear misapprehension of the attorney's conduct, as well as with the benefit of hindsight, and thus, abused its discretion.

Appellate Information

• Decided 08/15/2006
• Published 08/15/2006

Judges

• Before:  RYAN, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard S. Walinski, Cooper & Walinski, Toledo, Ohio, for Appellants.  Tabitha D. Justice, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellee.   ON BRIEF:  Richard S. Walinski, Cooper & Walinski, Toledo, Ohio, Kimberly M. Skaggs, Equal Justice Foundation, Columbus, Ohio, for Appellants.  Tabitha D. Justice, Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellee.