United States Seventh Circuit

In a class-action suit alleging due-process violations in the rejection of absentee ballots without notice or a hearing, partial summary judgment for plaintiff and award of attorney's fees are vacated where: 1) the state legislature's subsequent amendment of the election code to change the procedure for handling absentee ballots mooted plaintiff's challenge; and 2) plaintiff did not qualify as a "prevailing party" entitled to attorney's fees under 42 U.S.C. section 1988.

Appellate Information

• Argued 04/03/2008
• Decided 08/06/2008
• Published 08/06/2008

Judges

• MANION, Circuit Judge., Before FLAUM, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Clinton A. Krislov, Krislov & Associates, Chicago, IL, for Plaintiff-Appellee., Brett E. Legner, Office of the Attorney General, Chicago, IL, Daniel L. Jasica, Carla N. Wyckoff, Office of State's Attorney of Lake County, Waukegan, IL, for Defendants-Appellants.