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WEBB v. SLOAN

Nos. 01-16855, 02-16253.

330 F.3d 1158 (2003)

David Q. WEBB, Plaintiff-Appellee-Cross-Appellant, v. Darrin SLOAN, Robert Guimont, Rod Banister, Defendants, and Carson City, Defendant-Appellant-Cross-Appellee, and Does 1-10 inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Resubmitted April 21, 2003.

Filed May 29, 2003.

Attorney(s) appearing for the Case

Mark Forsberg, Deputy District Attorney, Carson City, Nevada, for the Defendant-Appellant-Cross-Appellee.

Robert W. Story, Cooke Story, Ltd., Reno, Nevada, for the Plaintiff-Appellee; David Q. Webb, pro se, Plaintiff-Cross-Appellant.

Brent Kolvet, Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Reno, Nevada, for the amicus curiae.

Before: KOZINSKI, GRABER, and BERZON, Circuit Judges.

OPINION

GRABER, Circuit Judge.

Plaintiff David Q. Webb obtained an $80,000 jury verdict in this civil rights action against Carson City, Nevada, after he was prosecuted without probable cause for obstruction of justice. His lawyers were awarded fees. In this opinion, we resolve two appeals: Defendant Carson City's appeal from the adverse verdict, and the separate appeal resulting from a challenge to the fee award by Plaintiff's counsel.

In Carson...

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