Elwood

These appeals arise out of litigation initiated by Darla Elwood over custody of two of her children. Elwood brought two § 1983 actions alleging conspiracies by various participants in state court proceedings to deprive her of custody of her children. The district court dismissed the actions and this Court affirmed. Elwood v. Morin, 84 Fed.Appx. 964 (9th Cir.2004); Elwood v. Morin, 87 Fed.Appx. 617 (9th Cir.2004); Elwood v. Drescher, 90 Fed.Appx. 501 (9th Cir.2004). The district court then ruled on applications for attorneys’ fees under 42 U.S.C. § 1988 . It found the underlying actions to have been frivolous and awarded fees to defendants. Elwood appeals from those awards. In this opinion we address the question whether the awards in Elwood v. Drescher, Appeal No. 04-55635, were proper as a matter of law. In a separate memorandum filed concurrently with this opinion, we address Elwood’s appeals in Elwood v. Morin, Appeal No. 04-55630, and in consolidated proceedings to prevent enforce ment of the fee awards, Nos. 05-55724 and 05-55727.

FACTUAL AND PROCEDURAL HISTORY

In Elwood v. Drescher, (Appeal No. 04-55635, D.C. No. 02-04656), Elwood appeals the award of attorneys’ fees to…