Patricia J. Barry Charlene Karr v. Gary Fowler

I.

This case arises out of a dispute which occurred in 1982 between Patricia Barry (“Barry”), an attorney representing herself in this appeal, and Gary Fowler (“Fowler”), a California Highway Patrol Officer.

Barry filed a 42 U.S.C. § 1983 action against Fowler alleging violation of her Fourth Amendment rights. The district court granted Fowler’s motion for a directed verdict. The court also awarded Fowler costs and attorneys’ fees. This appeal followed. We affirm in part and reverse in part.

II.

Barry’s action arises out of an incident between Barry and Fowler, which occurred when Barry called the California Highway Patrol to complain that a man had parked his car illegally on her parents’ property. While waiting for the officer to arrive, Barry told a friend’s son to paste a “no trespassing” sign to the car’s windshield. When Fowler arrived to investigate the complaint, he and Barry argued. Fowler then arrested Barry for vehicle tampering and public drunkenness. The drunkenness charge was dropped before trial, but Barry was convicted by a jury of vehicle tampering.

After extensive litigation involving parties and claims not relevant to this appeal, Barry brought a 42 U.S.C.…