Nolan J. Benson, Sr. and Borrel's, Inc. filed this suit against Daniel Michel, Alfred Channel, the City of Marksville, and the Marksville Police Department alleging, among other claims, defamation and the violation of their constitutional rights under
42 U.S.C. § 1983. Their claims were premised on the plaintiffs' prosecution for violating municipal noise ordinances as a result of Michel's numerous complaints of loud music and bass vibrations from a nightclub located on Benson's property and operated by Borrel's, Inc. Michel filed a motion to strike the plaintiffs' petition pursuant to
La.Code Civ.P. art. 971, which the trial court denied. This court granted writs, ultimately reversing the trial court and dismissing the petition. Michel then sought attorney's fees and costs as allowed by the statute and, after a hearing, was awarded $11,711.58 by judgment of the trial court. Nolan Benson has appealed that judgment. For the following reasons, we reverse.