Carter v. Incorporated Village of Ocean Beach, No. 13-815 (2d Cir. 2014)Annotate this Case
Plaintiffs, five former seasonal and part-time police officers, filed suit against defendants, alleging wrongful termination and defamation claims. On appeal, plaintiffs challenged the district court's grant of attorney's fees and costs to defendants under Rule 54(d) and 42 U.S.C. 1988(b). The court concluded that the County Defendants were the prevailing parties under Nemeroff v. Abelson. Plaintiffs' claims were frivolous from the outset, and required the County Defendants to litigate continuously at taxpayer expense since March 2007. Therefore, the award was within the district court's discretion. Accordingly, the court affirmed the district court's judgment.