Rodriguez Hidalgo v. Ricardo Perez

Good Law
127 F. App'x 281
United States Court of Appeals for the Ninth CircuitMarch 31, 2005No. 04-35326California892 words

Opinion

Lead Opinion

*282 MEMORANDUM *

Plaintiff-Appellee Manuel Rodriguez Hidalgo 1 filed a civil suit against Defendants-Appellants City of Wenatchee, Earl Tilly, Police Chief Kenneth Badgley, and Detective Robert Perez (collectively “Defendants”) alleging under 42 U.S.C. § 1983 that Defendants violated his constitutional rights and alleging numerous state law claims. Defendants prevailed on the merits. Defendants herein appeal the district court’s denial of their motion for attorneys fees and costs under 42 U.S.C. § 1988 and 28 U.S.C. § 1927 , and the district court’s denial of their motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure. Further, Badgley appeals the district court’s grant of summary judgment to Hidalgo on Badgley’s state-law counterclaim for malicious prosecution. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

As the facts are familiar to the parties, we recite them only as necessary to understand our disposition.

Defendants argue that the district court erred in denying their motion for fees and costs under § 1988 and § 1927 because Hidalgo’s civil suit, Defendants contend, was frivolous. 2 A prevailing defendant may receive an award of…

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