Patton v. County of Kings

857 F.2d 1379, 1988 WL 99536
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 30, 1988
DocketNo. 87-2871
StatusPublished
Cited by38 cases

This text of 857 F.2d 1379 (Patton v. County of Kings) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patton v. County of Kings, 857 F.2d 1379, 1988 WL 99536 (9th Cir. 1988).

Opinion

FARRIS, Circuit Judge:

On June 26, 1984 the Kings County Grand Jury began an investigation into the alleged misconduct of Joel Patton, the Cor-coran Chief of Police. On April 23, 1985, the law committee of the Grand Jury issued an interim report, and on June 26, 1985 an accusation for removal from office was filed. Eighteen counts of misconduct were alleged.

On July 13, 1985, Patton moved to dismiss the accusation. Both sides stipulated to dismissal without prejudice to a possible refiling after investigation by the Attorney General. The court granted the motion.

Three months later, Patton brought action under 42 U.S.C. § 1983 against the County, the Grand Jury, the deputy district attorney, the county clerk, and the judge, alleging (1) that certain procedural irregularities had occurred during the investigation and filing of the accusation, (2) that the investigation was undertaken as a result of a conspiracy among the defendants; and (3) that the investigation had been libelous and defamatory and had subjected Patton to grave emotional distress. Further, Patton claimed that the investigation deprived him of certain constitutional rights including the right to live untainted by the allegations of misconduct contained in the dismissed accusation.

Defendants moved for summary judgment on January 26, 1987 arguing that Patton failed to allege the deprivation of a property or liberty interest, and therefore, failed to state a claim under 42 U.S.C. § 1983; and that all of the defendants were immune from suit. In response, Patton alleged for the first time that the investigation was instituted in retaliation for the exercise of his first amendment right to free speech.

The court instructed Patton and his counsel regarding the defects in his cause of action and gave him an opportunity to amend before granting summary judgment based on the fact that Patton had failed to allege the deprivation of a liberty or property interest. It then granted defendants’ motion for attorney’s fees finding that Patton’s action was groundless.

Patton appeals only the court’s order granting defendants’ motion for attorney's fees and the amount of the award. He argues (1) that the district court erred because it failed to make sufficient findings regarding its conclusion that his action was groundless, and that his action, in fact, was not groundless; and (2) that the district court erred because it failed to indicate that it had considered certain mandatory factors in calculating the amount of attorney’s fees, and failed to consider his ability to pay the fee award.

STANDARD OF REVIEW

Awards of attorney fees pursuant to 42 U.S.C. § 1988 are generally reviewed for an abuse of discretion. See Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983). However, this discretion has been narrowly construed and is circumscribed by the decisions of the Supreme Court and this circuit. Jordan v. Multnomah County, 815 F.2d 1258, 1261 (9th Cir.1987). Further, “any elements of legal analysis and statutory interpretation which figure in the district court’s decision are reviewable de novo.” Hall v. Bolger, 768 F.2d 1148, 1150 (9th Cir.1985).

[1381]*1381DISCUSSION

I.

The mere fact that a defendant prevails does not automatically support an award of fees. Coverdell v. Dept. of Social & Health Services, 834 F.2d 758, 770 (9th Cir.1987). A prevailing civil rights defendant should be awarded attorney’s fees “not routinely, not simply because he succeeds, but only where the action brought is found to be unreasonable, frivolous, merit-less or vexatious.” Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421, 98 S.Ct. 694, 700, 54 L.Ed.2d 648 (1978) (citation omitted) (applying standard to prevailing defendant in Title VII case); Hughes v. Rowe, 449 U.S. 5, 14-16, 101 S.Ct. 173, 178-79, 66 L.Ed.2d 163 (1980) (applying Christiansburg standard to prevailing defendant in 42 U.S.C. § 1988). In awarding attorney’s fees to a prevailing defendant, the district court should make findings of fact and conclusions of law supporting its decision so that there is a basis for appellate review. Cohn v. Papke, 655 F.2d 191, 195 n. 3 (9th Cir.1981); accord Munson v. Friske, 754 F.2d 683, 697 (7th Cir.1985); White v. South Park Indep. School Dist., 693 F.2d 1163, 1170 (5th Cir.1982).

In granting attorney’s fees to the defendants, the court relied on a quotation from Sherman v. Babbitt, 772 F.2d 1476, 1478 (9th Cir.1985): “A court has discretion to award attorney’s fees to the prevailing defendant in a civil rights suit if the action is groundless or without foundation.” The court’s reliance on this quotation indicates its conclusion that Patton’s claims were frivolous. However, the court failed to make any findings of fact or conclusions of law detailing its decision. The court’s con-clusory finding is not the detailed explanation which circuit courts require for effective review. Ordinarily, a district court’s failure to provide any explanation regarding its conclusion that plaintiff’s suit is frivolous necessitates remand. However, when a court does not enter a specific finding of fact or conclusion of law, we will uphold the result if there is a reasonable view of the record to support it. See United States v. Twine, 853 F.2d 676, 681 (9th Cir.1988); United States v. Most, 789 F.2d 1411, 1417 (9th Cir.1986).

Patton argues that his claims are not “unreasonable, frivolous, meritless, or vexatious.” Christiansburg Garment Co., 434 U.S. at 421, 98 S.Ct. at 700. He contends that his complaint stated a valid § 1983 claim under two separate theories: 1) the defendants’ conduct was designed to retaliate against him for exercising his rights to free speech under the first amendment; and 2) the defendants conspired to humiliate and defame him through the misuse of the state’s procedures for the removal of public officials from office and that as a consequence he was denied due process.

The first amendment argument was raised for the first time in response to the defendants’ motion for summary judgment.

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Bluebook (online)
857 F.2d 1379, 1988 WL 99536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-county-of-kings-ca9-1988.