No. 22-895

Murphy Creek, LLC, et al. v. Murphy Creek Metropolitan District No. 3

Lower Court: Colorado
Docketed: 2023-03-16
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 attorneys-fees civil-rights common-nucleus common-nucleus-of-operative-fact judicial-relief prevailing-party section-1983 substantial-claim substantiality
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Punishment Privacy JusticiabilityDoctri
Latest Conference: 2023-04-28
Question Presented (AI Summary)

Whether the Colorado Courts erred in holding that the Petitioners were not 'prevailing parties' on their 42 U.S.C.A. § 1983 claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Colorado Courts ignored the intent of Congress set forth in 42 U.S.C.A. § 1988 and binding precedents of this Court, and erred in holding that the Petitioners were not “prevailing parties” on their 42 U.S.C.A. § 1983 claim after judicial relief concerning the claim changed the legal relationship between the parties to the Petitioners’ benefit without a ruling on the merits, and whether such claim was “substantial” to support an award of reasonable attorneys’ fees and costs pursuant to 42 U.S.C.A. § 1988? 2. Whether the Colorado Courts ignored the intent of Congress set forth in 42 U.S.C.A. § 1988 and binding precedents of this Court, and erred in holding that Petitioners are not entitled to an award of attorneys’ fees and costs under 42 U.S.C.A. § 1988 on a mooted 42 U.S.C.A. § 1983 claim by holding that: (a) they are not “prevailing parties” for purposes of § 1988; (b) their 42 U.S.C.A. § 1983 claim was not “substantial”; and (c) the prevailing state law claims and 42 U.S.C.A. § 1983 claim did not arise from a “common nucleus of operative fact”?

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-06
Waiver of right of respondent Murphy Creek Metropolitan District No. 3 to respond filed.
2023-03-13
Petition for a writ of certiorari filed. (Response due April 17, 2023)

Attorneys

Murphy Creek Metropolitan District No. 3
Brian Keith MatiseBurg Simpson Eldredge Hersh & Jardine, P.C., Respondent
Brian Keith MatiseBurg Simpson Eldredge Hersh & Jardine, P.C., Respondent
Murphy Creek, LLC, et al.
Kim J. SeterSeter and Vander Wall, P.C., Petitioner
Kim J. SeterSeter and Vander Wall, P.C., Petitioner