Allen

MEMORANDUM **

Intervenor-Appellant Jeff Price, the former attorney for Plaintiff Joyce Lynn Allen, appeals the district court’s denial of an award of attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand to the district court for further proceedings.

Price was Allen’s attorney during the original trial of her § 1983 claims, but Price withdrew after a jury verdict for the defendants. Allen appealed pro se. This court concluded that she had been arrested without probable cause as a matter of law. 1 On remand, Allen retained new counsel and successfully sought an award of attorney’s fees. Price filed notices of claim of a statutory attorney’s lien and a contractual lien against any judgment or settlement for Allen, moved to intervene, and moved for an award of attorney’s fees under 42 U.S.C. § 1988 . The district court awarded fees to Allen’s new attorneys but not to Price, concluding that he had no standing under § 1988. Price appealed this ruling, and we affirmed.

Allen and the defendants eventually settled, and the district court entered a judgment disbursing the settlement money to Allen and her new counsel, but denying Price any…