Gregory v. County of Sacramento

MEMORANDUM **

Plaintiffs Tonya Gregory, Darren Duncan, Allen Gregory, and Marvin Thompson appeal the district court’s award of attorney fees pursuant to 42 U.S.C. § 1988 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In June of 2000, plaintiffs brought a § 1983 claim against the County of Sacramento and individual defendants, seeking $1 million in compensatory damages and $500,000 in punitive damages. Both parties moved for summary judgment. In July of 2002, the district court granted partial summary judgment in favor of the plaintiffs against the lead deputy sheriff, Jeff Lopez, on the issue of whether the entry into the house was consensual and the ensuing search lawful. The other individual defendants were granted qualified immunity with respect to the search. Triable issues precluded summary judgment on the other claims.

On the eve of trial in August 2003, the plaintiffs settled for the total amount of $17,500, allocated as follows: $4,000 for Tonya Gregory; $3,750 for Allen Gregory; $4,250 for Darren Duncan; and $5,500 for Marvin Thompson. Defendants also agreed to pay court costs and to submit to the district court the issue of attorney fees pursuant…