## Facts

- A deputy sheriff pursued a fleeing driver who abandoned a vehicle and ran; police broadcasts described the suspect as an African American man.
- About 20 minutes later, another deputy found David Q. Webb, an African American man, hiding behind a vehicle, detained him at gunpoint, and held him for the pursuing deputy.
- When the pursuing deputy arrived, he observed Webb’s clothing did not match the clothing of the fleeing suspect, though Webb had a bag similar to one associated with the suspect.
- Webb was arrested and taken into custody.
- The pursuing deputy later told a district attorney that he did not believe Webb was the original suspect.
- Prosecutors nevertheless charged Webb with traffic offenses and obstructing officers; plea offers included dropping charges if Webb pleaded guilty to obstruction or waived civil liability.
- Webb refused the offers, proceeded to trial on obstruction, and was acquitted.
- Webb sued under 42 U.S.C. § 1983, alleging prosecution without probable cause; a jury awarded $80,000 against Carson City, and the district court awarded attorney’s fees.

## Issues

1. Whether, under Nevada law, deputy district attorneys are “final policymakers” for charging decisions such that a municipality may be liable under 42 U.S.C. § 1983 for a prosecution without probable cause.
2. Whether the evidence was sufficient to sustain the jury’s finding that Webb was prosecuted without probable cause attributable to Carson City.
3. Whether the district court used the correct legal standard to calculate attorney’s fees under 42 U.S.C. § 1988.

## Decision

- Affirmed the judgment against Carson City on the merits.
- Held that, in Nevada, deputy district attorneys act as final policymakers for prosecutorial charging decisions for municipal-liability purposes under § 1983.
- Concluded the record permitted a reasonable jury to find prosecution without probable cause and resulting constitutional injury.
- Reversed and remanded the attorney’s fee award because the district court applied an incorrect legal standard in computing fees.

## Legal Principles

- A municipality is liable under § 1983 only when an official policy, custom, or act of a final policymaker causes the constitutional violation.
- Whether an official has final policymaking authority is determined by state law, including positive law and practices with the force of law.
- When state law vests unreviewable charging authority in a district attorney’s office, prosecutorial decisions by the district attorney and deputies may constitute municipal policy for Monell purposes.
- Attorney’s fees under § 1988 must be calculated using the correct governing methodology (including proper lodestar analysis); use of an incorrect standard requires reversal and remand for recalculation.

## Conclusion

The Ninth Circuit sustained a jury verdict holding Carson City liable under § 1983 for prosecuting Webb without probable cause because Nevada deputy district attorneys are final policymakers for charging decisions, but it vacated the fee award and remanded for recalculation under the proper legal standard.


Webb v. Sloan, 330 F.3d 1158 (9th Cir. 2003)