Donald Long v. Gordon Gill

U.S. Court of Appeals for the Ninth Circuit
Donald Long v. Gordon Gill, 690 F. App'x 936 (9th Cir. 2017)

Donald Long v. Gordon Gill

Opinion

*937 MEMORANDUM ***

Donald Long prevailed after a jury trial in this 42 U.S.C. § 1988 suit against the Lane County Sheriffs Office (“LCSO”) and a deputy sheriff arising out of the towing of Long’s truck. After the district court amended its judgment to reduce the damages and declined to award the full amount of counsel fees Long sought, he appealed. We affirm.

1. The district court did not abuse its discretion in granting LCSO’s Rule 59(e) motion to amend the judgment. See McDowell v. Calderon, 197 F.3d 1253, 1255-56 (9th Cir. 1999) (en banc) (per curiam). The jury made separate damage awards under both of Long’s theories seeking to impose liability on the LCSO under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). But Long admits he advanced only one Fourteenth Amendment claim, and therefore was entitled to recover only once. See Experience Hendrix, L.L.C. v. Hendrixlicensing.com, Ltd., 762 F.3d 829, 847-48 (9th Cir. 2014).

2. The district court also did not abuse its discretion in determining the amount of attorney’s fees to award under 42 U.S.C. § 1988(b). The court need only award fees “that it deems reasonable,” and may award less than the amount requested if it gives “a specific explanation” for doing so. Moreno v. City of Sacramento, 534 F.3d 1106, 1111-12 (9th Cir. 2008). The district court reasonably found that this case was “anything but complex,” and that the results obtained did not require two attorneys.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Donald LONG, Plaintiff-Appellant, v. Gordon GILL and Lane County Sheriff's Office, Defendants-Appellees
Status
Unpublished