Anderson

Anderson v. Long Beach City

Good Law
81 F. App'x 703
United States Court of Appeals for the Ninth CircuitNovember 24, 2003Nos. 02-55102, 02-55209, 02-55529, 02-55589; D.C. No. CV-00-00802-WJR, CV-00-00802-WJR-03California1,432 words

Opinion

Lead Opinion

MEMORANDUM *

The City of Long Beach appeals from partial summary judgment against it and from denial of its post-trial motions for judgment notwithstanding the verdict and for a new trial. Anderson cross-appeals various issues related to the district court’s calculation of statutory attorney fees following judgment for her. We affirm the district court’s partial summary judgment and its denial of Long Beach’s post-trial motions. We affirm in part, and reverse and remand in part, the decision on fees. As the parties are familiar with the facts, we recount them only as necessary to explain our decision.

1. The district court properly granted summary judgment to Anderson on the illegality of her seizure. We review the court’s decision de novo, viewing all disputed facts in the light most favorable to Long Beach. Diruzza v. County of Tehama, 323 F.3d 1147, 1152 (9th Cir.2003) (summary judgment); McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003) (Rule 50 and Rule 59 motions).

Here, Long Beach’s “Statement of Uncontroverted Facts and Conclusions of Law” asserted that Anderson “backed away from her doorway and into her residence” once Officer Faris “voiced his…

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