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CARTER v. INCORPORATED VILLAGE OF OCEAN BEACH

Docket No. 13-815-cv.

759 F.3d 159 (2014)

Edward CARTER, Frank Fiorillo, Kevin Lamm, Joseph Nofi, Thomas Snyder, Plaintiffs-Appellants, v. INCORPORATED VILLAGE OF OCEAN BEACH; Joseph C. Loeffler, Jr., Mayor, individually and in his official capacity; Natalie K. Rogers, Former Mayor, individually and in her official capacity; Ocean Beach Police Department; George B. Hesse, Acting Deputy Police Chief, individually and in his official capacity, Defendants, Suffolk County; Suffolk County Police Department; Suffolk County Department of Civil Service; Alison Sanchez, individually and in her official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2014.

Attorney(s) appearing for the Case

Douglas Holden Wigdor , Wigdor LLP, New York, NY, for Plaintiffs-Appellants.

Arlene S. Zwilling , Assistant County Attorney, for Dennis M. Brown, Suffolk County Attorney, Hauppauge, NY, for Defendants-Appellees.

Before: JACOBS, CALABRESI, and LIVINGSTON, Circuit Judges.

DENNIS JACOBS, Circuit Judge:

Plaintiffs appeal from an order of the United States District Court for the Eastern District of New York (Feuerstein, J.), granting attorney's fees and costs to the Defendants-Appellees pursuant to Federal Rule of Civil Procedure 54(d) and 42 U.S.C. § 1988(b). Plaintiffs argue that (1) their claims were not frivolous; (2) they should not be liable for fees and costs associated with voluntarily dismissed claims, state law claims,...

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