Arnie Rolf Braafladt v. The Board of Governors of the Oregon State Bar Association

Oregon attorney Arnie Braafladt sued the Oregon Supreme Court in an attempt to void certain residency requirements of the Oregon Bar. The Oregon Supreme Court rescinded the challenged rule before final adjudication on the merits. After dismissing the 42 U.S.C. § 1983 action, the district court denied Braafladt’s application for attorney’s fees. The district court found Braafladt did not qualify as a prevailing party under 42 U.S.C. § 1988 . Braafladt appeals to this court and we affirm the district court’s decision.

I. BACKGROUND

Braafladt, a member of the Oregon, Washington, and California Bars, challenged the constitutionality of an Oregon residency requirement. Oregon State Bar Association Rule 8.05 (hereinafter referred to as Rule 8.05). Rule 8.05 required nonresident bar members to appear in association with resident members when practicing before the Oregon courts.

Braafladt initially attempted to intervene in Halkides v. Oregon State Board of Examiners, Civ. No. 82-937 (D.Ore.1983), a case involving constitutional challenges to Oregon’s rules requiring residency before admission to the Bar. On November 15, 1982, the Halkides court denied Braafladt’s request for…