United States Ninth Circuit

In a 42 U.S.C. section 1983 action involving a deadly shooting by police, the district court's award of $136,687.35 in attorney's fees to plaintiff (following $1 nominal damages awards on two claims) is affirmed where: 1) the legality of state-sanctioned force resulting in death constituted an important legal issue; and 2) the award would likely deter the officer from future unconstitutional conduct.

Appellate Information

• Argued 07/14/2009
• Decided 02/01/2010
• Published 02/01/2010

Judges

• Before DOROTHY W. NELSON, WILLIAM A. FLETCHER and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Warren Hamilton, S. Michelle Inan, Office of the California Attorney General, Oakland, CA, for the appellants.


• For Appellees:
  
• Tory M. Pankopf, Law Offices of Tory M. Pankopf, Reno, NV, Mary Helen Beatificato, Beatificato & Associates, Rancho Santa Margarita, CA, for the appellees.