SMIDDY v. VARNEY

Nos. 79-3078, 79-3480.

665 F.2d 261 (1981)

Gary D. SMIDDY, Plaintiff-Appellee, v. Dudley D. VARNEY, Sidney J. Nuckles, Raymond D. Inglin, Gaston Herrera, Jesus C. Aguilar, the City of Los Angeles, California, a Chartered City, and the County of Los Angeles, California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1981.

As Amended on Denial of Rehearing and Rehearing December 21, 1981.

Rehearing Denied February 25, 1982.


Attorney(s) appearing for the Case

Michael Lightfoot, Los Angeles, Cal., for Smiddy; Carla M. Woehrle, Talcott, Vandevelde & Woehrle, Los Angeles, Cal., John H. Bisbee, Bisbee & Nagan, Macomb, Ill., on brief.

Tom Todd, Kentfield, Cal., for Varney, etc.

Before WALLACE and SNEED, Circuit Judges, and CLAIBORNE, District Judge.


As Amended on Denial of Rehearing and Rehearing En Banc December 21, 1981.

SNEED, Circuit Judge:

Gary Smiddy was arrested in 1973 and charged with the murder of Linda Miller. After the charge was dropped for insufficient evidence, he brought suit under 42 U.S.C. § 1983 against employees of the Los Angeles Police Department. After trial, the district court entered judgment on a jury verdict awarding him $250,000. The district court added $250,000 in attorney...

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