$60,000 Fee Award Goes POOF! After High Court Decision.
In Los Angeles County v. Humphries, Case No. 09-350 (U.S. Nov. 30, 2010), the United States Supreme Court decided that the Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 694 (1978) “policy or custom” requirement applied to civil rights cases seeking both damages or prospective relief. The Ninth Circuit held otherwise, resulting in an attorney’s fees award in favor of plaintiffs to the tune of $60,000 against Los Angeles County. The U.S. Supreme Court decision meant the fee award went POOF! even though new law was made, because the fee award was based on the prospective relief granted to plaintiffs. However, the matter will go back to the district court, so we shall see … we shall see … given that a constitutional violation was found to exist.
The Los Angeles Time has reported on the case.