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ERMINE v. CITY OF SPOKANE

No. 69680-2.

23 P.3d 492 (2001)

143 Wash.2d 636

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

Supreme Court of Washington, En Banc.

Decided May 24, 2001.

Attorney(s) appearing for the Case

James C. Sloane, Spokane City Attorney, Rocco Nicholas Treppiedi and Michelle Dimond Szambelan, Assistants, Spokane, for Petitioner.

Lacy & Kane, Peter Devin Poulson, E. Wenatchee, for Respondent.

Williams, Kastner & Gibbs, Christopher S. Marks, Seattle; Keating, Bucklin & McCormack, Stewart Andrew Estes, Seattle, Amicus Curiae on Behalf of Washington Defense Trial Lawyers.

Jeffrey Lowell Needle, Seattle, Amicus Curiae on Behalf of American Civil Liberties Union.

MADSEN, J.

The petitioner maintains that the trial court abused its discretion when the court awarded attorney's fees pursuant to 42 U.S.C. § 1988 after plaintiff was awarded only nominal damages of $1 on his 42 U.S.C. § 1983 use of excessive force claim. The Court of Appeals affirmed the trial court's award of fees. We affirm the Court of Appeals.

FACTS

Respondent Aaron Ermine sued the City of Spokane and Spokane Police Officer Jeffrey...

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