William A. Wilcox v. City of Reno

William Wilcox instituted a section 1983 action against the City of Reno (City) and three of its police officers after an officer twice punched him in the face in the course of an arrest. The jury found that the City of Reno had a policy that resulted in the use of excessive force and that the policy proximately caused Wilcox’s injuries. It awarded him one dollar in damages. The District Court deemed Wilcox the prevailing party and awarded him $66,535 in fees from the City of Reno. The District Court had jurisdiction under 28 U.S.C. § 1331 , and we have jurisdiction to review the award of fees under 28 U.S.C. § 1291 . For the reasons that follow, we affirm the award of fees.

I.

Wilcox spent the morning and afternoon of December 6, 1990 “socializing” at a casino bar in Reno, Nevada. By his own estimation, he consumed at least ten beers, four or five shots of bourbon, and at least two mixed drinks. Late in the afternoon, he assaulted a woman at the bar. The jury heard testimony that Wilcox had broken either a glass or a beer bottle against the woman’s face, opening a long gash in her cheek so deep it exposed her jaw bone. The jury also heard testimony that the woman’s injury was…