Rufus E. Cunningham v. County of Los Angeles, and Richard Eiden, Real-Party-In-Interest-Appellant
Opinion
Opinion
Farris, J.
Rufus Cunningham, a peace officer for the California Department of Insurance, brought an action on a claim of false arrest and wrongful search against employees of the Los Angeles County Sheriffs Department and the County. He prevailed in his action, although not on all grounds asserted in the complaint or against all defendants. He appeals: 1) the amount of the award for attorney’s fees under 42 U.S.C. § 1988 ; 2) the imposition of Fed.R.Civ.P. 11 sanctions against his counsel; and 3) the failure to award him his costs as prevailing party.
FACTUAL AND PROCEDURAL OVERVIEW
Cunningham filed suit against the County of Los Angeles; Sheriff Sherman Block; Sheriff Deputies Robert Birdsall, Richard Papp, and Richard Payne; and Sergeants David Brusby and Edgar Price. He alleged that his arrest by the Sheriffs Department was unsupported by probable cause and resulted in a “deprivation of liberty, invasion of his privacy, and violation of his civil rights.” He also contended that the Sheriffs Department has a “custom, policy and practice of racial discrimination against Blacks.” He claimed compensatory damages of $20,000 and punitive damages of $500,000.