In Guy v. City of San Diego, published June 17, 2010, the Ninth Circuit affirmed (with one judge dissenting) a jury verdict that found a police officer used excessive force in arresting the plaintiff, but awarded the plaintiff nominal damages and no punitive damages. The majority ruled that, under the evidence, the jury might have found that the officer’s uses of reasonable force, rather than his uses of excessive force, caused the plaintiff’s claimed injuries.
But the court unanimously reversed the district judge’s decision that the plaintiff was not entitled to an attorney fee award under 42 U.S.C. § 1988. When a plaintiff wins only nominal damages in a § 1983 suit, the plaintiff may still claim attorney fees if the plaintiff’s victory served an important purpose. Here, the verdict sent a message to the city police department (which had ruled administratively that the use of force was proper) that the force used was excessive, and that justification for reasonable use of force did not excuse excessive use of force.
But the court unanimously reversed the district judge’s decision that the plaintiff was not entitled to an attorney fee award under 42 U.S.C. § 1988. When a plaintiff wins only nominal damages in a § 1983 suit, the plaintiff may still claim attorney fees if the plaintiff’s victory served an important purpose. Here, the verdict sent a message to the city police department (which had ruled administratively that the use of force was proper) that the force used was excessive, and that justification for reasonable use of force did not excuse excessive use of force.
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