C.P.X. v. Kelly Garcia ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-1206
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C.P.X., through his next of friend S.P.X., for themselves and those similarly
situated; K.N.X., through his next friend Rachel Antonuccio, for themselves and
those similarly situated,
lllllllllllllllllllllPlaintiffs - Appellees,
v.
Kelly Kennedy Garcia, in her official capacity as Director of the Iowa Department
of Human Services; Cory Turner, in his official capacity as Administrator,
Division of Mental Health and Disabilities Services - Facilities; Jason Sodders, in
his official capacity as Interim Superintendent of the Boys State Training School,1
lllllllllllllllllllllDefendants - Appellants.
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: August 23, 2021
Filed: December 15, 2021
[Unpublished]
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Before LOKEN, COLLOTON, and STRAS, Circuit Judges.
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1
Interim Superintendent Sodders is automatically substituted for his
predecessor under Federal Rule of Appellate Procedure 43(c)(2).
PER CURIAM.
Defendants appeal an order of the district court2 granting in part plaintiffs’
request for attorney’s fees and expenses under 42 U.S.C. §§ 1988 and 1997e(d). We
conclude that the district court did not abuse its discretion in its award of attorney’s
fees and expenses. See 42 U.S.C. § 1988; Loggins v. Delo, 999 F.2d 364, 368 (8th
Cir. 1993) (standard of review). Accordingly, we affirm, see 8th Cir. R. 47B, and we
deny the pending appellate motion as unnecessary.
Judge Loken dissents.
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2
The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.
-2-