Duffy

Duffy v. City of Desert Hot Springs

Good Law
342 F. App'x 279
United States Court of Appeals for the Ninth CircuitJuly 20, 2009Nos. 08-55508, 08-55797California1,138 words

Opinion

Lead Opinion

MEMORANDUM *

The City of Desert Hot Springs (the “City”) and the City’s former interim police chief, Walter McKinney, appeal from a jury verdict in a 42 U.S.C. § 1983 action decided in favor of former City police officer Michael Duffy. Duffy cross-appeals the district court’s decision to reduce his attorneys’ fees award. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the jury verdict but reverse and remand as to the reduction of attorneys’ fees.

I.

Duffy alleged that the City terminated him without due process because his probationary period was extended in violation of his union contract. He also claimed he was terminated because of his union activity, a violation of his First Amendment rights. The jury found that Duffy had been terminated in violation of his due process rights, but that he had not been terminated because of his union activity. They awarded Duffy $53,000 for his past economic loss, $418,845 for his future economic loss, and $5000 in non-economic loss, for a total award of $476,845, approximately half of what Duffy sought. Duffy subsequently moved for attorneys’ fees and costs. The district court granted attorneys’ fees but reduced them by about…

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