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Lizbeth Cardenas and George Wittner, As Natural v. Banner Health

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO


April 19, 2011

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.

The opinion of the court was delivered by: Senior District Judge Richard P. Matsch

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.

BY THE COURT:

Richard P. Matsch, Senior Judge

20110419

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