Charles Miladin v. City of Westminster, and Dwight E. Moore

8 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles MILADIN, Plaintiff-Appellee, v. CITY OF WESTMINSTER, et al., Defendants, and Dwight E. Moore, Defendant-Appellant. No. 92-55105. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 15, 1993. Decided Sept. 30, 1993. Before: GIBSON, * HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Dwight E. Moore appeals the district court's award of attorney's fees under 42 U.S.C. § 1988 , claiming the district court failed to properly consider: (1) whether appellee Miladin qualified as a "prevailing party;" and (2) the limited nature of the results obtained by Miladin. We remand to allow the district court to reconsider the award in light of a Supreme Court decision which came down while the appeal was pending as well as prior authority. 3 I. Facts. 4 Miladin brought a civil rights action under 42 U.S.C. § 1983 against the City of Westminster (City), the police chief, and two…