Pacific West Cable Co. v. City of Sacramento, Cal.

MEMORANDUM AND ORDER

Plaintiff, Pacific West Cable Co. (“Pacific West”), filed this action on September 9, 1983, against the City of Sacramento and the County of Sacramento pursuant to 42 U.S.C. § 1983 alleging a violation of the first amendment to the United States Constitution, violations of Sections I and II of the Sherman Act, 15 U.S.C. §§ 1 and 2, and violations of Article I, Section 2 of the California Constitution. The antitrust claims were dismissed pursuant to defendants’ motion, which was heard on April 20, 1984, and plaintiff proceeded to trial on the free speech claims only. A 34-day jury trial was held from March through June, 1987, after which the jury returned a series of special verdicts mainly in plaintiffs favor although it found zero damages. The court entered judgment pursuant to the special verdicts and for declaratory and injunctive relief.

On August 11, 1987, plaintiff, as the prevailing party in the litigation, filed a motion for statutory attorney’s fees pursuant to 42 U.S.C. § 1988 and for recovery of costs. Plaintiff also subsequently filed a number of post-trial motions seeking judgment notwithstanding the verdict, amendment of judgment, and new…