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MENDIOLA-MARTINEZ v. ARPAIO, CV-11-02512-PHX-DGC. (2014)

Court: District Court, D. Arizona Number: infdco20140604a44 Visitors: 34
Filed: Jun. 03, 2014
Latest Update: Jun. 03, 2014
Summary: ORDER DAVID G. CAMPBELL, District Judge. Plaintiff Miriam Mendiola-Martinez commenced this action against Defendants Joseph Arpaio and Maricopa County and others in December 2011, asserting five claims: (1) deliberate indifference to her serious medical needs in violation of the Eighth Amendment; (2) deliberate indifference to her serious medical needs in violation of the Fourteenth Amendment; (3) cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments; (4) disparate
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ORDER

DAVID G. CAMPBELL, District Judge.

Plaintiff Miriam Mendiola-Martinez commenced this action against Defendants Joseph Arpaio and Maricopa County and others in December 2011, asserting five claims: (1) deliberate indifference to her serious medical needs in violation of the Eighth Amendment; (2) deliberate indifference to her serious medical needs in violation of the Fourteenth Amendment; (3) cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments; (4) disparate treatment in violation of the Fifth, Fourteenth, and Fifteenth Amendments; and (5) Monell liability. See Doc. 1. The Court granted summary judgment in favor of Defendants on all counts on January 22, 2014. Doc. 121.

Defendants have now filed a motion for attorneys' fees pursuant to 42 U.S.C. § 1988(b). Doc. 137. The motion is fully briefed. Docs. 144, 149. Plaintiff filed a notice of appeal to the Ninth Circuit on January 31, 2014 (Doc. 122) and filed amended notices on March 10, 2014 (Doc. 132), and April 22, 2014 (Doc. 146).

IT IS ORDERED that Defendants' motion for attorneys' fees (Doc. 137) is denied without prejudice to re-filing upon resolution of Plaintiff's appeal.

Source:  Leagle

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