Quiros v. Colon

COFFIN, Circuit Judge. Plaintiff-appellee Carlos Quiros brought an action under 42 U.S.C. § 1983 alleging that defendant Rafael Hernandez Colon, Governor of the Commonwealth of Puerto Rico, dismissed him from the board of directors of the Government Development Bank in violation of his first amendment right of freedom of association and his fourteenth amendment due process rights protecting his liberty and property interests. After plaintiff presented his case, the federal court for the District of Puerto Rico granted the defendant's motion to dismiss under Rule 41(b) of the Federal Rules of Civil Procedure. Defendant Colon then brought this suit against plaintiff for attorney's fees under 42 U.S.C. § 1988. The district court declined to assess attorney's fees against plaintiff under § 1988 and instead imposed fees on plaintiff's counsel under Rule 11 of the Federal Rules of Civil Procedure. Defendant appeals the district court's decision not to assess fees against plaintiff under § 1988. Because the court acted within its statutory discretion, we affirm.