This is federal lawsuit filed by a civil rights attorney claiming that local government policies of settling all civil rights actions for a "lump sum, including all attorney's fees" conflicts with a federal law, 42 U.S.C. Section 1988, providing for payment of attorney's fees by the government when a plaintiff prevails. The policies have cost him over $2 million in vaporized statutory fees, forcing him him out of business. He claims that the policies violate the Supremacy Clause (Article VI) of the U.S. Constitution, unduly interfere with his right to practice law, and deprive him of due process and equal protection.
The district court denied the lawyer's application for a preliminary injunction. That denial was appealed. The record on preliminary injunction appeal follows below. This appeal was dismissed as moot when the lawsuit was dismissed.
The district court dismissed the lawsuit holding that the lawyer lacked standing to challenge the settlement policies. That dismissal is on appeal. The record on merits appeal follows below.
PRELIMINARY INJUNCTION APPEAL
UNITED STATES COURT OF APPEAL
FOR THE NINTH CIRCUIT
Case No. 99-55188
DOCUMENT
DATE FILED
Initial Complaint | October 27, 1998 |
Motion for Preliminary Injunction | October 29, 1998 |
Points & Authorities In Support of Motion | October 29, 1998 |
Declaration of Michael R. Mitchell | October 29, 1998 |
(Proposed) Preliminary Injunction | October 29, 1998 (lodged) |
First Amended Complaint | November 16, 1998 |
Labor/Community Consent Decree | November 16, 1998 |
Declaration of E. Richard Larson | November 16, 1998 |
Declaration of Donald Cook | November 16, 1998 |
Declaration of David Kyle | November 16, 1998 |
City Opposition to Motion | November 23, 1998 |
County Opposition to Motion | November 23, 1998 |
Reply to City Opposition | November 30, 1998 |
Reply to County Opposition | November 30, 1998 |
Order Denying Preliminary Injunction | January 4, 1999 - Entered January 7, 1999 |
Notice of Appeal | February 5, 1999 |
Brief of Appellant | March 22, 1999 |
Opposing Briefs | Due May 5, 1999 |
Appellant's Reply Brief | Due 14 days later |
MERITS APPEAL
UNITED STATES COURT OF APPEAL
FOR THE NINTH CIRCUIT
Case No. 99-55834
DOCUMENT
DATE FILED
Initial Complaint | October 27, 1998 |
First Amended Complaint | November 16, 1998 |
City and Hahn Motion to Dismiss [Link inoperative] | Dec. 3, 1998 |
County and Fellman Motion to Dismiss [Link inoperative] | Dec. 7, 1998 |
Opposition to Co./Fellman Motion [Link inoperative] | Jan. 4, 1999 |
Opposition to City/Hahn Motion [Link inoperative] | Jan. 4, 1999 |
Report and Recommendation of Magistrate Judge | Mar. 4, 1999 |
Plaintiff's Objections to Magistrate's Report | Mar. 12, 1999 |
Final Report and Recommendation of Magistrate Judge | Mar. 31, 1999 |
Order Adopting and Approving Magistrate's Reports | F:Mar. 31, 1999 E:Apr. 2, 1999 |
Judgment of Dismissal | F:Mar. 31, 1999 E:Apr. 2, 1999 |
Notice of Appeal | April 29, 1999 |
Appellant's Opening Brief | August 15, 1999 |
City Appellees' Brief [Not yet input]
County Appellee's Brief [Not yet input] |
September 14, 1999 |
Appellant's Reply to City Brief
Appellant's Reply to County Brief |
14 days after Appellees' Briefs filed |
Argument: No oral argument was allowed
Unpublished Ninth Circuit Decision
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Last revised October 26, 2000