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ERMINE v. CITY OF SPOKANE

No. 18253-3-III.

996 P.2d 624 (2000)

100 Wash.App. 115

Aaron C. ERMINE, Respondent, v. CITY OF SPOKANE; John Doe Barrington and Jane Doe Barrington, husband and wife, and the marital community composed thereof, Appellants.

Court of Appeals of Washington, Division 3, Panel Nine.

March 28, 2000.

Attorney(s) appearing for the Case

Rocco N. Treppiedi, John A. Level, Assistant City Attorneys, Spokane, for Appellants.

Peter D. Poulson, Lacy & Kane, East Wenatchee, for Respondent.

KURTZ, C.J.

Aaron Ermine filed this action against the City of Spokane and Officer Jeff Barrington seeking damages for injuries sustained in the course of an arrest. Rejecting all but one of Mr. Ermine's claims, the jury returned a verdict against Officer Barrington on Mr. Ermine's 42 U.S.C. § 1983 claim, but awarded no damages. The trial court subsequently awarded nominal damages of $1 and attorney fees under 42 U.S.C. § 1988. Relying on Farrar v. Hobby...

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