Lance Milliman v. Howell County, Missouri

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 8, 2023
• Docket: 23-2667
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2667 ___________________________

Lance Gerald Milliman

Plaintiff - Appellant

v.

Howell County, Missouri

Defendant - Appellee

Robert David Ray, Associate Circuit Court Judge, 37th Judicial Circuit

Defendant

Michael P. Hutchings, Prosecuting Attorney, Howell Co., Missouri

Bethany Hanson Turner, Public Defender, 37th Judicial District; Scott L. Nelson, Patrol Trooper, Missouri State Highway Patrol; Levi Stoops, Commercial Vehicle Inspector, Missouri Highway Patrol

Defendants ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: December 5, 2023 Filed: December 8, 2023 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________

PER CURIAM.

Lance Gerald Milliman appeals after the district court 1 awarded attorney fees to defendants Michael P. Hutchings and Howell County. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Milliman argues that defendants were not entitled to attorney fees. After careful consideration of the record and the parties’ arguments on appeal, this court concludes that the district court did not abuse its discretion in awarding the fees. See 42 U.S.C. § 1988; Williams v. City of Carl Junction, Mo., 523 F.3d 841, 843 (8th Cir. 2008).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. -2-