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"In short, we must ask: Why is this case here? There may have been some justification for going to trial because there were disputed questions of fact about how the officers behaved during the course of the intrusion into Frunz’s house. But a jury made up of seven members of the community heard the evidence and unanimously ruled in Frunz’s favor. By not only finding defendants liable, but also imposing punitive damages, the jury determined that the officers acted in reckless or malicious disregard of plaintiff’s constitutional rights. Only the most misguided optimism would cause defendants, and those who are paying for their defense, to appeal the verdict under these circumstances. Surely, the citizens of Tacoma would not want to be treated in their own homes the way the jury found officers Stril, Morris and Alred treated Frunz and her guests. A prompt payment of the verdict, accompanied by a letter of apology from the city fathers and mothers, might have been a more appropriate response to the jury’s collective wisdom."10
10 "Defendants and their counsel shall show cause within 14 days why they should not be assessed double costs and attorney’s fees for filing a frivolous appeal. Fed. R. App. P. 38."
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Those are the opening and closing paragraphs of Frunz v. Tacoma.
Via Eugene Volokh (with a discussion) and How Appealing.
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