United States Fifth Circuit

In a 42 U.S.C. section 1983 action based on a blackmail letter sent to plaintiff by a rival candidate for the office of police chief, a grant of defendants' motion for attorneys' fees based on the dismissal of plaintiff's federal claims is affirmed where: 1) defendants were prevailing parties despite plaintiff's voluntary dismissal of his federal claims because the case had proceeded through substantial discovery before defendants' motion to dismiss those claims; and 2) plaintiff's claims were frivolous because it was clear from the face of the complaint that the letter was not sent under color of law.

Appellate Information

• Decided 01/20/2010
• Published 01/20/2010

Judges

• REAVLEY, Circuit Judge:, Before REAVLEY, CLEMENT, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel