Jonathan Buckheit v. Tony Dennis

MEMORANDUM

In No. 12-16061, Plaintiff-Appellant Jonathan Buckheit appeals the district court’s grant of summary judgment to the County of San Mateo (“the County”) on his 42 U.S.C. § 1983 claim that the County conspired with the Town of Atherton to violate Buckheit’s First Amendment rights by withholding a copy of the police report filed after his arrest on suspicion of domestic violence in retaliation for his petition for a declaration of factual innocence. In No. 13-15214, Buckheit appeals (1) the district court’s award of $145,434 in attorneys’ fees to the County under 42 U.S.C. § 1988 , and (2) its evidentiary ruling on one of the County’s declarations in support of its fees motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s grant of summary judgment to the County but reverse its award of attorneys’ fees.

Addressing appeal No. 12-16061, we observe that there is no evidence that the County’s district attorney had a copy of the police report when Buckheit requested it from him. Nor is there evidence that the County’s actions were motivated by retaliatory intent. Indeed, there is evidence to the contrary — that the County tried to help…