Lesperance

Lesperance v. City of Spokane

Good Law
8 F. App'x 745
United States Court of Appeals for the Ninth CircuitApril 24, 2001No. 99-35928; D.C. No. CV-97-00473-FVSCalifornia1,411 words

Opinion

Lead Opinion

MEMORANDUM *

OVERVIEW

Kenneth Lesperance and his wife brought suit against the City of Spokane (“the City”) alleging various federal and state law claims arising from Lesperance’s employment as a police officer for the City. The City moved for, and was granted, summary judgment on all of Lesperance’s claims, with the exception of his state claims of retaliation and constructive discharge. Both claims were subsequently presented to a jury, resulting in a favorable verdict for Lesperance on the retaliation claim. Despite its finding that Lesperance prevailed on his state retaliation claim, the jury awarded him zero dollars in compensatory damages. The district court awarded Lesperance nominal damages of $100.00, adjusted for inflation to $605.57. Lesperance then moved the court for attorney’s fees totaling approximately $94,000.00, of which the court awarded approximately $84,000.00. The City appeals the district court’s denial of its motion for summary judgment on the issue of retaliation and the district court’s award of attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and AFFIRM the district court’s denial of summary judgment, but REVERSE the district…

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