Hanson v. MS Board of Nursing ( 2000 )


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  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-60845
    Summary Calendar
    TERRY HANSON,
    Plaintiff-Appellant,
    versus
    MISSISSIPPI BOARD OF NURSING; MARSHA RACHEL, DR.,
    Individually and in her official capacity as
    Executive Director of the Mississippi Board of
    Nursing; LAURA KELLY, RN, individually and in her
    official capacity as member of the Mississippi
    Board of Nursing; THELMA LATHAM, RN, Individually and
    in her official capacity as member of the Mississippi
    Board of Nursing; BARBARA HAYMAN, RN, Individually
    and in her official capacity as member of the
    Mississippi Board of Nursing; BARBARA HAYMAN, RN,
    Individually and in her official capacity as member
    of the Mississippi Board of Nursing; KAREN SAUCIER
    LUNDY, DR., RN, Individually and in her official
    capacity as member of the Mississippi Board of
    Nursing; GLADYS HUGHES, LPN, Individually and in her
    official capacity as member of the Mississippi Board
    of Nursing; LADONNA KAY NORTHINGTON, RN, Individually
    and in her official capacity as member of the
    Mississippi Board of Nursing; IVA MAE BLACKLEDGE, LPN,
    Individually and in her official capacity as member of
    the Mississippi Board of Nursing ; J. PURVES MCLAURIN,
    JR., DR., Individually and in his official capacity as
    member of the Mississippi Board of Nursing; PEGGY
    BRANDY, LPN, Individually and in her official capacity
    as member of the Mississippi Board of Nursing; RENEE
    WILLIAMS, RN, Individually and in her official
    capacity as member of the Mississippi Board of Nursing;
    MARY PATRICIA CURTIS, DR., RN, FNP, Individually and in
    her official capacity as member of the Mississippi
    Board of Nursing; CHARLOTTE WOOD, DR., RN, FNP,
    Individually and in her official capacity as member of
    the Mississippi Board of Nursing; CLEOPATRA HUDSON, LPN,
    Individually and in her official capacity as member
    of the Mississippi Board of Nursing; PATRICIA D. WISE,
    In her official capacity as Chancellor of Hinds
    County, Mississippi; and J.B. TORRENCE, In his official
    capacity as Sheriff of Rankin County, Mississippi,
    Defendants-Appellees.
    No.99-60845
    -2-
    --------------------
    Appeal from the United States District Court
    for the Southern District of Mississippi
    USDC No. 3:94-CV-9-LN
    --------------------
    June 21, 2000
    Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.
    PER CURIAM:*
    Terry Hanson (“Hanson”) appeals the district court’s
    judgment dismissing her 42 U.S.C. § 1983 civil rights action and
    denying her motion for an award of attorney’s fees and expenses
    pursuant to 42 U.S.C. § 1988.   Hanson contends that she was
    entitled to attorney’s fees and expenses because she was a
    prevailing party in the civil rights action by virtue of the
    agreed order on her motion for a temporary restraining order
    (“TRO”).
    The district court did not clearly err in determining that
    Hanson was not a prevailing party.   See Scham v. District Courts
    Trying Criminal Cases, 
    148 F.3d 554
    , 557 (5th Cir. 1998).      A TRO
    “cannot constitute the type [of] merit-based relief that affords
    a plaintiff prevailing party status.” Foreman v. City of Dallas,
    Tex., 
    193 F.3d 314
    , 323 (5th Cir. 1999).   The parties’ agreed
    order on Hanson’s motion for a TRO is, if not itself a TRO, at
    least analogous to one.   The agreed order was not a final remedy,
    since by its own terms it expired within six weeks of its
    issuance; nor did the agreed order provide merits-based relief on
    Hanson’s constitutional claims, which were expressly reserved.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    No.99-60845
    -3-
    See 
    id. The essential
    purpose of the agreed order was apparently
    to allow Hanson to maintain her nursing license.   As the agreed
    order was filed on the same day that the TRO suspending Hanson’s
    nursing license expired, the agreed order effectively preserved
    the status quo.   See 
    id. In light
    of the foregoing, the district court’s judgment is
    AFFIRMED.
    

Document Info

Docket Number: 99-60845

Filed Date: 6/21/2000

Precedential Status: Non-Precedential

Modified Date: 4/18/2021