City of College Park v. Grunden

I respectfully dissent from the majority opinion, which overrules the trial judge and awards attorney fees to the prevailing defendant in a case filed under 42 USCA § 1983.

A brief recitation of the facts is necessary to fully appreciate the respective positions of the parties. On August 15, 1980, plaintiff’s “specialty sports car” was damaged in an automobile accident in College Park, Georgia. Upon arriving on the scene, College Park police called the “city wrecker” and refused plaintiff’s request to call a wrecker of his choice to prevent damage to his car. In transporting the car, Moody…