Cardenas et al v. Banner Health et al

Filing 71

ORDER Denying 65 Motion for Attorney Fees, signed by Judge Richard P. Matsch on 4/19/2011.(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 09-cv-00610-RPM
LIZBETH CARDENAS and
GEORGE WITTNER, as natural parents and next friends to Decedent, IAN WITTNER, and
LIZBETH CARDENAS, as Personal Representative of the Estate of IAN WITTNER,
Plaintiffs,
v.
BANNER HEALTH, an Arizona nonprofit organization,
d/b/a NORTH COLORADO MEDICAL CENTER;
ROBERT GEORGE RUEGG, M.D.; and
SUSAN J. PONDER, R.N.,
Defendants.
____________________________________________________________________________
ORDER DENYING DEFENDANTS’ MOTION FOR ATTORNEY FEES PURSUANT TO 42
U.S.C. § 1988
____________________________________________________________________________
On April 5, 2011, the defendants filed a motion seeking their attorney’s fees for
defending the federal claims in this civil action pursuant to 42 U.S.C. § 1988. While this Court
granted summary judgment based on qualified immunity for the individual defendants and the
failure to demonstrate a policy or custom of the corporate defendant, Banner Heath, as a
violation of a constitutionally protected right, the assertion of those claims in this civil action
cannot be held to be vexatious, frivolous, or brought to harass or embarrass the defendants.
Accordingly, it is
ORDERED that the defendants’ motion is denied.
DATED: April 19th, 2011
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge