Ninth Circuit Takes Away Substantial Section 1983 Fee Award.
Federal appeals court, too, illustrate our POOF! principle—substantial fee awards vanish when a favorable merits determination is reversed upon review.
In Johnson v. Walton, Case Nos. 07-55935, 07-56238 & 07-56547 (9th Cir. Mar. 13, 2009) (for publication), two plaintiffs were awarded a total of $80,100 in damages stemming from an alleged illegal search and seizure by a Los Angeles County sheriff officer under 42 U.S.C. sec. 1983. Officer’s summary judgment based on qualified immunity was denied. The district judge granted judgment in favor of plaintiffs and against officer, with the jury subsequently awarding the $80,100 damages award. Plaintiffs were then awarded fees and expenses totaling $260,782.50 under section 1988.
Officer appealed and won a reversal based on the qualified immunity defense. So, what naturally followed? You guessed it – POOF! – the attorney’s fees/expense award was also vacated with the reversal of the judgment against officer.