Corder

Corder v. Gates

Good Law
104 F.3d 247·96 Daily Journal DAR 15571·1996 WL 737419·1996 U.S. App. LEXIS 33643·96 Cal. Daily Op. Serv. 9458
United States Court of Appeals for the Ninth CircuitDecember 27, 1996No. 95-55602California1,335 words

Opinion

Lead Opinion

The district court awarded plaintiffs $90,-338 in attorney’s fees after they prevailed in a 42 U.S.C. § 1983 action. Corder v. Gates, 688 F.Supp. 1418 (C.D.Cal.1988). Plaintiffs and defendant Roy Brown appealed. The Ninth Circuit reversed and remanded. Corder v. Gates, 947 F.2d 374 (9th Cir.1991) (“Corder I”). On remand, the district court awarded plaintiffs $240,695 in attorney’s fees- and denied defendant’s request for an offset. Defendant appealed. This court reversed and remanded. Corder v. Brown, 25 F.3d 833 (9th Cir.1994) (“Corder II").

After the second remand, the district court awarded plaintiffs $33,041 plus interest in attorney’s fees. Plaintiffs appeal, contending that the district court erred in concluding that they were not the prevailing parties on appeal and thereby not entitled to attorney’s fees incurred on appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

BACKGROUND

Corder II, 25 F.3d at 833-41 , summarizes in detail the factual and procedural background of this case. We' do not have to repeat it here. In Corder II, we remanded this matter to the district court as follows: (1) we instructed the district court to recalculate the amount of…

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