Oregon State Police Officers Association v. Peterson

979 F.2d 776 141 L.R.R.M. (BNA) 2982 OREGON STATE POLICE OFFICERS ASSOCIATION, an Oregon corporation; Stephen Beck; Oregon Public Employees Union, Plaintiffs-Appellants, v. Edwin J. PETERSON, Chief Justice; P. Carson, Jr., et al.; Supreme Court of the State of Oregon, Defendants-Appellees. No. 90-35680. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 18, 1992. Decided Nov. 13, 1992. Charles F. Hinkle, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for plaintiffs-appellants. Rives Kistler, Asst. Atty. Gen., Salem, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: BEEZER, NOONAN, and TROTT, Circuit Judges. NOONAN, Circuit Judge: 1 The Oregon State Police Officers Association (Association); its president, Steven Beck; and the Oregon Public Employees Union (the Union), brought suit against the Supreme Court of the State of Oregon and the justices thereof (the Court). The plaintiffs allege that the Court has had the practice of denying successful plaintiffs in 42 U.S.C. § 1983 cases attorney fees under 42 U.S.C. § 1988 if the plaintiffs won on state grounds alone or on both state…