Nash-Holmes

Herb Hallman Chevrolet, Inc. v. Nash-Holmes

Good Law
169 F.3d 636·99 Daily Journal DAR 2057·1999 WL 104736·1999 U.S. App. LEXIS 3332·99 Cal. Daily Op. Serv. 1591
United States Court of Appeals for the Ninth CircuitMarch 3, 1999Nos. 97-15275, 97-15323, 97-16960 and 97-16976California4,040 words

Opinion

Lead Opinion

Sneed, J.

Herb Hallman Chevrolet, Inc.-a Reno automobile dealership-its owner, John' Stanko (“Stanko”), and employees (collectively “Hall-man Chevrolet”) appeal from a grant of summary judgment by Judge David Warner Ha-gen of the United States District Court for the District of Nevada, in a consolidated 42 U.S.C. § 1983 civil rights action alleging prosecutorial misconduct by Washoe County, three county prosecutors and three county investigators (collectively “Washoe prosecutors”). On appeal, Hallman Chevrolet argues that the Washoe prosecutors are not entitled to immunity from suit for deliberately omitting facts and making false statements in support of two search warrants and impaneling a Washoe County grand jury without probable cause. Hallman Chevrolet attributes these constitutional violations to the individual defendants and to Washoe County because, they contend, the Washoe prosecutors were acting pursuant to Washoe County policy. Finally, Hallman Chevrolet argues that the district court erred in awarding defamation-related attorneys’ fees to the Washoe prosecutors.

We affirm the district court’s ruling against Hallman Chevrolet on the merits, but reverse its award of attorneys’…

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