Highbaugh

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

EVERETTE HIGHBAUGH, Plaintiff, No. C 20-03911 WHA

v.

CITY OF VALLEJO, JOSH CAITHAM, ORDER DENYING MOTION FOR KEVIN ROSE, KEVIN BARRETO, and ATTORNEY'S FEES AND TERRY SCHILLINGER, VACATING HEARING Defendants.

16 INTRODUCTION Plaintiff was charged and tried for murder and attempted murder. After being acquitted of all charges, plaintiff brought this Section 1983 action against detectives with the Vallejo Police Department and the city itself. Plaintiff alleged that defendants violated his constitutional rights when a detective’s report failed to note relevant, exculpatory text messages recovered from a victim’s cellphone, even though all of the underlying evidence was timely produced, without alteration, to plaintiff’s criminal defense counsel. An order granted summary judgment to defendants on all claims. Now, defendants move to recover their attorney’s fees, arguing that plaintiff’s…