DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112482P.pdf 07/05/2012 Rogers Group, Inc. v. City of Fayetteville, Arkansas
U.S. Court of Appeals Case No: 11-2482
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Smith, Author, with Benton and Shepherd, Circuit Judges]
Civil Case - attorneys fees. Following the grant of a preliminary
injunction to enjoin a City ordinance, (and this court's affirmance), and
the City's subsequent repeal of the ordinance, the district court dismissed
the action as moot. The district court's grant of attorneys fees under 42
U.S.C. sec. 1988 is affirmed, as Rogers Group is a prevailing party
because there was a court-ordered change in the legal relationship, the
injunction was a judgment rendered in favor of Rogers Group and Rogers
Group received judicial relief. Even though the district court did not
reach the constitutional claims, the allegations raised a substantial
constitutional claim sufficient to confer jurisdiction and were sufficient to
support an attorneys fee award.