Harris
Harris v. Marhoefer
Opinion
Lead Opinion
Bright, J.
Opinion by Senior Circuit Judge BRIGHT.
Bryan Keith Harris sought $5 million under 42 U.S.C. § 1983 in damages from six defendants (law enforcement officers and the county employing them) for violation of his constitutional rights arising from an alleged beating Harris sustained following a traffic stop. Harris obtained a $25,000.00 judgment against one defendant, Brian Alvarez, a deputy sheriff. Harris then sought attorney’s fees. The district court awarded attorney’s fees after reducing the number of hours submitted for duplicative hours and reducing the lodestar figure by 50% for lack of success. The district court awarded costs as requested by Harris.
On appeal, Harris challenges as an abuse of discretion the district court’s reduction of the attorney’s fees award for lack of success, as well as the court’s failure to award attorney’s fees for the work done in furtherance of fees under 42 U.S.C. § 1988 . Alvarez cross-appeals from the district court’s judgment, contending that the court abused its discretion in awarding costs in their entirety. Both Alvarez and Harris seek attorney’s fees on appeal as “the prevailing party.” We affirm with directions.