Berg

MEMORANDUM *

Appellant LaConner Associates L.L.C., (“LaConner Associates”) brought this action under 42 U.S.C. § 1983 seeking damages against Eron Berg, the mayor of the Town of LaConner, Washington, and Dan O’Donnell, Mary Lam, Joan Cross, and John Stephens, members of the Town Council (collectively “Appellees”).

The Appellees filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure in which they assert that they are not hable for damages based on the defense of legislative immunity. The district court granted the 12(b)(6) motion and awarded attorney’s fees to the Appellees pursuant to 42 U.S.C. § 1988 . LaConner Associates appeals from both orders. Because the parties are familiar with the facts, we recite them only as necessary.

We affirm because we agree that the Appellees are protected from liability under the doctrine of legislative immunity. We also conclude that the district court did not abuse its discretion in awarding attorney’s fees. Because we conclude that this appeal is frivolous, we grant Appellees’ motion for attorney’s fees for defending against this appeal and remand for a determination of the reasonable amount of fees that…