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United States Ninth Circuit


Barnard v. Theobald, 11-16625

Judgment for plaintiffs in an action alleging that defendant police officers used excessive force is: 1) affirmed in part, where the jury verdict was supported by substantial evidence, and the officers were not entitled to qualified immunity; but 2) vacated as to the district court's decision reducing the attorney's fee award, where the district court abused its discretion where it reduced the amount of the fees award without explaining why a 40 percent reduction would be an appropriate remedy; and 3) vacated as to the decision denying plaintiffs pre and post-judgment interest, where a post-judgment interest award is mandatory, and the district court's stated reasons for denying prejudgment interest appeared to be questionable.

Appellate Information

  • Decided 07/01/2013
  • Published 07/01/2013

Judges

  • CARR

Court

  • United States Ninth Circuit

Counsel

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