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Dang v. Cross

Citation: Not availableDocket: 03-55403

Court: Court of Appeals for the Ninth Circuit; August 22, 2005; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the plaintiff, Dang, prevailed in a jury trial against Officer Cross of the Compton Police Department for excessive force, receiving compensatory damages but not punitive damages. Dang appealed on two grounds: the jury instruction on punitive damages under 42 U.S.C. § 1983 and the calculation of attorney's fees under 42 U.S.C. § 1988. The Ninth Circuit found error in the district court's exclusion of oppressive conduct as a basis for punitive damages, necessitating a new trial on this issue. The court upheld the reduction of the attorney's hourly rate but vacated the fee award for reevaluation of hours worked and reimbursement of certain costs. The factual basis involved an arrest at the Compton Jewelry Exchange, leading to claims of Fourth Amendment violations. While Dang succeeded in proving excessive force, the district court's jury instructions on punitive damages were incomplete, omitting the potential for awarding damages based on oppressive conduct. The appellate court's decision underscores the necessity of precise jury instructions and a thorough review of attorney's fees in civil rights litigation.

Legal Issues Addressed

Abstract of Judgment Costs

Application: The court erred by denying reimbursement for costs associated with obtaining and recording an abstract of judgment.

Reasoning: Consequently, Dang is entitled to recover costs associated with obtaining and recording the judgment.

Attorney's Fees under 42 U.S.C. § 1988

Application: The fee award was vacated and remanded for reevaluation of the reasonable hours worked, in accordance with the proper legal standard.

Reasoning: The district court initially reduced the lodestar amount by 15% due to excessive, unnecessary, or poorly documented hours, a reduction that Dang did not contest.

Compensatory Damages in Excessive Force Claims

Application: The jury found Officer Cross liable for excessive force and awarded the plaintiff $18,000 in compensatory damages.

Reasoning: At trial, both Dang and the officers testified, leading the jury to find Cross liable for excessive force and awarding Dang $18,000 in compensatory damages.

Jury Instructions and Legal Accuracy

Application: The appellate court emphasized that jury instructions must accurately reflect the law and adequately cover the issues at hand.

Reasoning: The court emphasized that jury instructions must accurately reflect the law and adequately cover the issues at hand.

Punitive Damages under 42 U.S.C. § 1983

Application: The Ninth Circuit held that the district court erred by not allowing the jury to consider punitive damages based on oppressive conduct.

Reasoning: The district court's decision to exclude oppressive conduct as a basis for punitive damages was found to be erroneous. The omission of this provision in jury instructions rendered them incomplete and did not adequately convey the relevant law.