{"id":25296,"date":"2017-01-12T09:48:35","date_gmt":"2017-01-12T14:48:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25296"},"modified":"2017-01-12T13:48:20","modified_gmt":"2017-01-12T18:48:20","slug":"ca5-frivolous-4a-%c2%a7-1983-case-dismissed-on-msj-and-not-appealed-results-in-attorneys-fees-for-defs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25296","title":{"rendered":"CA5: Frivolous 4A \u00a7 1983 case dismissed on MSJ and not appealed results in attorneys fees for defs"},"content":{"rendered":"<p>Plaintiffs ran a pawnshop that was searched. They were of \u201cthe short-lived reality TV program \u2018Cajun Pawn Stars.\u2019\u201d They bought, not pawned, some equipment that turned out to have been stolen, and the police came and searched their pawnshop for the stolen property, and state law on pawnshops didn\u2019t apply because it wasn\u2019t a pawn. Their Fourth Amendment \u00a7 1983 case had been dismissed as frivolous on summary judgment, and they didn\u2019t appeal. \u201cA review of the record reveals that the DeRamuses&#8217; claims against all Defendant-Appellees were frivolous, unreasonable, or groundless, and therefore the district court did not abuse its discretion in awarding attorney&#8217;s fees.\u201d <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/16\/16-30627.0.pdf\">DeRamus v. City of Alexandria<\/a>, 2017 U.S. App. LEXIS 341 (5th Cir. Jan. 9, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiffs ran a pawnshop that was searched. They were of \u201cthe short-lived reality TV program \u2018Cajun Pawn Stars.\u2019\u201d They bought, not pawned, some equipment that turned out to have been stolen, and the police came and searched their pawnshop for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=25296\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45],"tags":[],"class_list":["post-25296","post","type-post","status-publish","format-standard","hentry","category-45"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25296","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25296"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25296\/revisions"}],"predecessor-version":[{"id":25298,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25296\/revisions\/25298"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25296"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25296"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25296"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}