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.
Argued and Submitted July 14, 2009
Filed February 1, 2010
Opinion by Judge Fletcher
David Warren Hamilton, S. Michelle Inan, Office of the California Attorney General, Oakland, CA
Tory M. Pankopf, Law Offices of Tory M. Pankopf, Reno, NV