Legal Opinion

Ermine v. City of Spokane

Washington Supreme Court

Decided May 24, 2001No. 69680-2PublishedCited by 19 opinions

1Opinion of the CourtMadsen, J.

The petitioner maintains that the trial court abused its discretion when the court awarded attorney’s fees pursuant to 42 U.S.C. § 1988 after plaintiff was awarded only nominal damages of $1 on his 42 U.S.C. § 1983 use of excessive force claim. The Court of Appeals affirmed the trial court’s award of fees. We affirm the Court of Appeals.

FACTS

Respondent Aaron Ermine sued the City of Spokane and Spokane Police Officer Jeffrey Barrington, alleging use of excessive force in making an arrest, negligence, false arrest, and violation of his federal constitutional rights. Ermine’s suit arose from…

2Cases cited29 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  3. Carey v. PiphusSupreme Court of the United States · 1978
  4. Farrar v. HobbySupreme Court of the United States · 1992
  5. City of Riverside v. RiveraSupreme Court of the United States · 1986

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3Cited by19 opinions

  1. San Juan County v. No New Gas TaxWashington Supreme Court · 2007
  2. San Juan County v. No New Gas TaxWashington Supreme Court · 2007
  3. Magana v. Hyundai Motor AmericaWashington Supreme Court · 2009
  4. Simms v. ChaissonSupreme Court of Connecticut · 2006
  5. Guillen v. ContrerasWashington Supreme Court · 2010

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