Mahach-Watkins v. Depee, No. 08-15694

In a 42 U.S.C. section 1983 action involving a deadly shooting by police, the district court's award of $136,687.35 in attorney's fees to plaintiff (following $1 nominal damages awards on two claims) is affirmed where: 1) the legality of state-sanctioned force resulting in death constituted an important legal issue; and 2) the award would likely deter the officer from future unconstitutional conduct.

Read Mahach-Watkins v. Depee, No. 08-15694

Appellate Information

Argued and Submitted July 14, 2009

Filed February 1, 2010

Judges

Opinion by Judge Fletcher

Counsel

For Appellants:

David Warren Hamilton, S. Michelle Inan, Office of the California Attorney General, Oakland, CA

For Appellees:

Tory M. Pankopf, Law Offices of Tory M. Pankopf, Reno, NV

Mary Helen Beatificato, Beatificato & Associates, Rancho Santa Margarita, CA