Petitioner, James Lester Qualls, appealed the decision of the Civil Service Commission, which had overturned the Administrative Law Judge’s decision and reinstated the Department of Corrections’ disciplinary actions against Mr. Qualls. Upon determining that the Civil Service Commission had failed to make written findings for review, the chancery court vacated the order and remanded the matter to the Civil Service Commission for findings. Mr. Qualls filed a motion to alter or amend the judgment to include an award of attorney’s fees. The chancery court granted the motion and awarded attorney’s fees pursuant to 42 U.S.C. § 1988. The Civil Service Commission and Department of Corrections filed a motion to alter or amend in chancery court and now appeal to this Court, asserting this action does not fit within 42 U.S.C. § 1988 and, alternatively, the attorney’s fees award is unreasonable. We dismiss for lack of subject matter jurisdiction.
Case Number
M2004-01005-COA-R3-CV
Originating Judge
Chancellor Richard H. Dinkins
Case Name
James Lester Qualls v. Randy Camp, in his official capacity as Commissioner of Personnel and Executive Secretary of the Civil Service Commission, et al.
Date Filed
Dissent or Concur
No
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