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United States Ninth Circuit


McCown v. City of Fontana, 07-55896

In a 42 U.S.C. section 1983 suit including claims of wrongful detention, false arrest, and use of excessive force in connection with plaintiff's arrest, a grant to plaintiff of over $200,000 in attorney's fees and costs as prevailing party is reversed and remanded where the district court erred, both in failing to adequately explain its reasons for the award it granted to plaintiff, and in granting excessive attorney's fees and costs in light of his limited success.

Appellate Information

  • Argued 11/17/2008
  • Decided 12/24/2008
  • Published 12/24/2008

Judges

  • Before: PAMELA ANN RYMER and MILAN D. SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • S. Frank Harrell and Christopher D. Whyte, Lynberg & Watkins, Orange, CA, for the defendants-appellants., Jon R. Schlueter and Peter B. Schlueter, Schlueter & Schlueter, San Bernardino, CA, for the plaintiff-appellee.
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