Pilloff v. The State of ND Human Services, et al. Civil No. 930254

Per Curiam.

Vernon Pilloff appeals from a district court judgment dismissing his complaint against Karla Berg for failure to state a claim upon which relief can be granted. Pilloff sued the defendants for investigating alleged child sexual abuse by him. The judgment of the district court is affirmed under Rule 35.1(a)(1) and (6), N.D.R.App.P.

Berg seeks costs and attorney's fees under Rule 38, N.D.R.App.P. Pilloff's appeal is frivolous. Berg is awarded double costs on appeal. The request for attorney's fees was not accompanied by an affidavit, therefore, nominal attorney's fees of $250 are awarded. See United Bank of Bismarck v. Young, 401 N.W.2d 517, 519 (N.D. 1987).

Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Beryl J. Levine

Meschke, J., deeming himself disqualified after this case was submitted to the Court, did not participate in the decision.