Brooks v. Dayton

Defendant-appellant City of Dayton appeals from an award of attorneys' fees. We conclude that there is evidence in the record to support the award Of fees, based upon the theory that the City's conduct in denying plaintiff-appellee Anthony F. Brooks' claim for the return of $110, which had been seized as evidence, was vexatious or oppressive conduct, which constitutes a recognized exception to the "American rule" that attorneys' fees are not ordinarily recoverable. Accordingly, the judgment of the trial court will be affirmed.

Two Dayton police officers, William Hill and Charles Tangeman,…