Galen

In this action pursuant to 42 U.S.C. § 1983 , Jeffrey Galen claims that the $1,000,000 bail set upon his arrest for domestic violence was excessive in violation of the Eighth Amendment. He asserts that the district court erred by granting summary judgment in favor of the County of Los Angeles and its officers on the basis of qualified immunity. Because we agree with the district court that Galen failed to adduce evidence that peace officers caused unconstitutionally excessive bail to be set, we affirm the summary judgment. However, we hold that the district court abused its discretion in part in awarding attorneys’ fees to the County and its officers.

I. Factual and Procedural Background

On the morning of October 26, 2001, Los Angeles County Sheriffs Department Deputies Bausmith and Heinrich arrested Galen at his Encino, California law office on suspicion of violating Penal Code section 273.5, California’s domestic violence statute. Sergeant Barrier approved the arrest. The alleged victim, Galen’s then-fíancée, previously had sought protection against Galen from sheriffs deputies and had shown them photographs of injuries she claimed Galen had inflicted on her,…