Thorsted

Thorsted v. Munro

Good Law
75 F.3d 454·1996 WL 39389·1996 U.S. App. LEXIS 628·96 Cal. Daily Op. Serv. 643
United States Court of Appeals for the Ninth CircuitJanuary 4, 1996Nos. 94-35222, 94-35223, 94-35267, 94-35285, 94-35287 and 94-35289California500 words

Opinion

Lead Opinion

ORDER

The dispositive order filed January 4,1996, is ordered published.

ORDER

The district court in this case held unconstitutional Washington’s Initiative Measure 573, which is codified at Wash.Rev.Code ch. 29. Thorsted v. Gregoire, 841 F.Supp. 1068 (W.D.Wash.1994). The Washington statute is, in effect, a term-limits provision. In light of the Supreme Court’s subsequent decision in U.S. Term Limits, Inc. v. Thornton, — U.S. -, 115 S.Ct. 1842 , 131 L.Ed.2d 881 (1995), we affirm the district court’s finding of unconstitutionality. Because Thornton was decided on the basis of the Qualifications Clauses of the United States Constitution, U.S. Const., art. I, §§ 2 & 3, we affirm the district court solely on that ground. We do not reach the district court’s alternative holding, that the state statute is also unconstitutional under the First and Fourteenth Amendments.

We also affirm the district court’s denial of attorney fees under 42 U.S.C. § 1988 . The court concluded that a combination of seven circumstances present in this case justified a denial of fees to plaintiffs, although they were “prevailing parties” on their 42 U.S.C. § 1983 claims. 841 F.Supp. at 1084 ; see Hensley v.…

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