City of Sweetwater v. Alvarez

I.Introduction

The City of Sweetwater appeals a statutory award of attorney fees to counsel for two of its police officers for services rendered in obtaining the officers’ acquittal on charges of felony battery and official misconduct in connection with an arrest made in the line of duty. The City challenges the award by arguing that the officers failed to first request representation from the City before hiring their own counsel. We agree with the City and, therefore, reverse the fee award.

II.Facts and Procedural Background

On July 7, 2004, Sweetwater police officers Allen B. St. Germain and…