Ivy et al v. Avey et al

Filing 29

ORDER granting Plaintiffs' 27 motion for attorney's fees. Plaintiffs are awarded $1828.00 in attorney's fees. Signed by Judge Kristine G. Baker on 2/10/2014. (mmd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
THOMAS IVY and CAROL IVY,
husband and wife
v.

PLAINTIFFS

Case No. 1:11CV00034 KGB

STACEY AVEY, individually and in his capacity as County
Judge for Stone County, Arkansas; DAN BROWN and
BETTY BROWN, husband and wife; and STONE COUNTY,
ARKANSAS

DEFENDANTS

ORDER
Before the Court is plaintiffs’ motion for attorney’s fees (Dkt. No. 27). Plaintiffs brought
this action against Stone County Judge Stacey Avey; Stone County, Arkansas; Dan Brown; and
Betty Brown, alleging claims under 42 U.S.C. § 1983 and common law. Plaintiffs’ claims
against Stone County and Judge Avey were dismissed by Order granting the parties’ joint motion
to dismiss (Dkt. No. 19). Separate defendants Mr. and Mrs. Brown did not answer or otherwise
respond to plaintiffs’ complaint and did not otherwise appear in this matter. By previous Order,
the Court entered default judgment against Mr. and Mrs. Brown and awarded judgment in favor
of plaintiffs against Mr. and Mrs. Brown in the amount of $3,900.00.
This Court determined that plaintiffs are entitled to an award of costs and fees incurred.
Pursuant to 42 U.S.C. § 1988(b), the Court in its discretion may allow reasonable attorney’s fees
to the prevailing party in a § 1983 action. Plaintiffs have filed a motion seeking $1,828.00 in
attorney’s fees. Plaintiffs do not request a separate award for costs. For good cause shown, the
Court finds plaintiffs’ request for $1,828.00 in attorney’s fees reasonable.

Plaintiffs’ motion for attorney’s fees is granted (Dkt. No. 27). Plaintiffs are awarded
$1,828.00 in attorney’s fees.
SO ORDERED this the 10th day of February, 2014.

______________________________
Kristine G. Baker
United States District Judge

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