Does the Chief of Police have jurisdiction to award attorneys' fees in a Bill of Rights case?

The Chief also argues that the appellant should exhaust his remedies provided by the city grievance procedure before resorting to the court. The [202 Cal.App.3d 252] claim is clearly without merit. Government Code section 3309.5, subdivision (b) provides the superior court shall have the initial jurisdiction in any case arising under the Bill of Rights. ⁴ Further, Mounger v. Gates ;(1987) 193 Cal.App.3d 1248, 239 Cal.Rptr.18, is a complete answer to the Chief's position. That case held that because of section 3309.5 a police officer is not required to exhaust adminsistrative remedies prior to seeking judicial relief from alleged violations of the Bill of Rights.

Appellant seeks an award of attorneys' fees pursuant to Code of Civil Procedure section 1021.5. ⁵