LAMBOY-ORTIZ v. ORTIZ-VÉLEZ

No. 09-1640.

630 F.3d 228 (2010)

Lt. Pedro J. LAMBOY-ORTIZ; Sgt. Roberto Figueroa-Montalvo; et al., Plaintiffs, Appellants, v. Miguel G. ORTIZ-VÉLEZ, in his official capacity as Mayor of the Municipality of Sabana Grande, Defendant, Appellee, Miguel Pereira, in his official capacity as former Superintendent of Police of Puerto Rico; Victor Rivera, in his official capacity as Superintendent of Police of Puerto Rico; Miguel G. Ortiz-Vélez, in his personal capacity as Mayor of the Municipality of Sabana Grande; Marisol Vargas-Santiago, policewoman, in her personal capacity and in her official capacity as Officer of the Police of Puerto Rico; Colonel Cesar Gracia-Ortiz, in his personal capacity and in his official capacity as Assistant Superintendent of the Police of Puerto Rico; Lt. Emilio Laboy-Castillo, in his personal capacity and in his official capacity as Police Commander of the Police of Puerto Rico in Sabana Grande; José Santana-Pérez, policeman, in his personal capacity and in his official capacity as member of the Police of Puerto Rico; Unknown Defendants A-Z; Unknown Employer ABC, Defendants.

United States Court of Appeals, First Circuit.

Decided December 17, 2010.


Attorney(s) appearing for the Case

Francisco J. González-Magaz , with whom Francisco R. González Law Office was on brief, for appellants.

Johanna M. Emmanuelli Huertas , with whom The Law Offices of Pedro E. Ortiz Álvarez, PSC was on brief, for appellee.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

This appeal involves an award of close to $130,000 in attorney's fees against unsuccessful civil rights plaintiffs and over $60,000 in sanctions against plaintiffs' counsel personally. Plaintiffs, who survived various dispositive motions and proceeded to a jury trial on their claims, argue that their lawsuit was not so unfounded or unreasonable as to justify an award of fees to the defendant in a civil rights lawsuit. We agree and therefore vacate...

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