James Darby, Jr., and Michael R. Mitchell v. City of Torrance, John Senger, Thomas Aldrich, and the Torrance Company

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James DARBY, Jr., Plaintiff-Appellant, and Michael R. Mitchell, Appellant, v. CITY OF TORRANCE, John Senger, Thomas Aldrich, and the Torrance Company, Defendants-Appellees. No. 93-56638. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1994. Decided Jan. 20, 1995. 1 Before: D.W. NELSON, NORRIS, and BOGGS, * Circuit Judges. 2 MEMORANDUM ** 3 This is an appeal from the district court's denial of attorney's fees in a civil rights action. We reverse. 4 * The plaintiff, James Darby, filed a Sec. 1983 complaint against the City of Torrance, some of its police officers and a local mall, after allegedly being physically abused by officers in a police substation in the mall. Darby alleged that when he did not vacate the mall quickly enough after the police had ordered him to do so, they pushed him into a door jamb, lifted him off the floor by the neck and struck him in the face with a forearm. 5…