United States First Circuit

In a landowner's suit under 42 USC section 1983 alleging a federal takings claim and a pendent claim, later dismissed without prejudice, under Puerto Rico law for unlawful deprivation of the use and quiet enjoyment of property, in which the district court awarded attorney's fees for discovery to the prevailing defendant after finding that the plaintiff's federal claim was frivolous, the award of attorney's fees is vacated and the case remanded, where: 1) fees were recoverable only for work that would have been unnecessary but for the frivolous claim; 2) the supplemental claim had to be treated as non-frivolous because the district court made no finding that it was frivolous; and 3) there was no basis in the record to support the award on the basis of the discovery necessary to defeat the takings claim.

Appellate Information

• Decided 03/26/2012
• Published 03/26/2012

Judges

• Souter

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Etienne Totti del Valle, Luis Sanchez Betances