Ian McCown v. City of Fontana

MEMORANDUM

Defendants/Appellants City of Fontana, the City of Fontana Police Department, and Fontana Police Officers Jorge Rodriguez and David Maxson (“the City”) appeal the district court’s order awarding Plaintiff/Appellee Ian McCown $148,250.00 in attorney’s fees and $15,034.10 in costs pursuant to 42 U.S.C. § 1988 . The City argues that the district court abused its discretion because (1) the fee award is unreasonable in light of the success McCown achieved and (2) the district court failed to adequately articulate and explain a public benefit achieved by the suit that might justify the award. We review awards of attorney’s fees for an abuse of discretion. Thomas v. City of Tacoma, 410 F.3d 644, 647 (9th Cir.2005). Questions of law are reviewed de novo. Id.

This Court previously held that the district court’s award of $200,000.00 in attorney’s fees to McCown was an abuse of discretion because it was unreasonable in light of McCown’s “limited success.” McCown v. City of Fontana, 565 F.3d 1097, 1105 (9th Cir.2009) (McCown I). In so holding, the McCown I Court relied primarily on the fact that McCown’s $20,000.00 settlement was “one-fourth of the ‘damages in excess of $ 75,000’…