United States Ninth Circuit

In a suit alleging that defendants violated plaintiff's civil rights by seizing and destroying his property without due process, an award of attorneys' fees under 42 U.S.C. section 1988 after plaintiff prevailed is vacated and remanded where: 1) the district court's explanations were insufficient to sustain certain cuts in the attorney hours worked based on duplication; 2) a reduction of the time spent performing interviews and investigation was also insufficiently supported; and 3) the district court considered impermissible factors and methodologies for the hourly rate.

Appellate Information

• Argued 12/05/2007
• Decided 07/28/2008
• Published 07/28/2008

Judges

• KOZINSKI, Chief Judge:, Before:  ALEX KOZINSKI, Chief Judge, ROBERT E. COWEN  and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Andrea M. Miller, Nageley, Meredith & Miller, Inc., Sacramento, CA, for the appellant.


• For Appellees:
  
• Thomas A. Cregger, Randolph Cregger & Chalfant LLP, Sacramento, CA, for the appellees.