Charles Barnard v. Greg Theobald

Good Law
721 F.3d 1069
United States Court of Appeals for the Ninth CircuitJuly 1, 201311-16625, 11-16655California4,347 words

Opinion

Opinion

Carr, J.

Charles Barnard (Charles) brought suit against Las Vegas Metropolitan Police Officers Greg Theobald, Gary Clark, and Steven Radmanovich (collectively, the Officers) for their alleged use of excessive force in violation of the Fourth Amendment. A jury found that the Officers’ use of force was constitutionally excessive, and awarded Charles over $2 million in compensatory damages. In post-trial motions, the Officers argued that the jury verdict could not stand because they are entitled to qualified immunity. The Officers also argued they are entitled to a new trial because of a plethora of perceived prejudicial errors committed by the trial court. The district court denied the Officers’ motions. Because the Officers are not entitled to qualified immunity, we affirm the district court’s entry of judgment on the jury’s verdict. However, we agree with Charles’s arguments — raised in his cross-appeal — that the district court abused its discretion by failing to adequately explain its decision to reduce the amount of attorney fees awarded to Charles, and in denying Charles pre-and post judgment interest. Consequently, we reverse those portions of the district court’s decision,…

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