Posted by Eugene Volokh: More on Ninth Circuit Decision Upholding $100,000+ Fourth Amendment Damages Award Against Police Officers: http://volokh.com/archives/archive_2007_01_14-2007_01_20.shtml#1169070500
I [1]blogged about this case (written by my former boss Judge Kozinski) in November, when the Ninth Circuit ordered the defendants to "show cause ... why they should not be assessed double costs and attorney's fees for filing a frivolous appeal." The defendants (represented by the City Attorney's office) responded; yesterday the Ninth Circuit [2]issued a follow-up opinion rejecting their explanation, and faulting them for misrepresenting portions of the record. Memo to lawyers: Be sure your descriptions of the facts in the case are completely accurate; as an ethical matter, you should always do this, but as a practical matter, you should be especially sure to do it if the court has already expressed some skepticism about your professional judgment. The [3]Tacoma News-Tribune, by the way, reports that "City Manager Eric Anderson ... Anderson said he�ll hire an independent counsel to study whether the city attorney�s staff acted properly within the scope of their duties in the case." Unfortunately, the link to the original November opinion no longer seems to work, and I can't find a new one from the Ninth Circuit site. If you have the link, please let me know, and I'll update the original post (and this one) to reflect that. References 1. http://volokh.com/posts/1163533579.shtml 2. http://caselaw.findlaw.com/data2/circs/9th/0535302p.pdf 3. http://www.thenewstribune.com/news/local/story/6326844p-5515304c.html
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