United States Eighth Circuit

In a 42 U.S.C. section 1983 action by a prisoner claiming defendant prison personnel prevented plaintiff from sending drawings outside the prison in violation of the First Amendment, judgment for plaintiff is affirmed in part where: 1) defendants did not raise their mootness or exhaustion defenses at trial; and 2) because the district court directed a verdict for plaintiff, he was the prevailing party. However, the judgment is reversed in part where, when a prisoner plaintiff only receives nominal damages of $1.00, 42 U.S.C. section 1997e(d)(2) caps attorney fees at $1.50.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

• RILEY, Circuit Judge., Before RILEY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Linda L. Willard, AAG, argued, Lincoln, NE, for Appellant., Dana C. Bradford, III, argued, Omaha, NE, for Appelle.