Mitchell v. County of Los Angeles, et al
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF
CALIFORNIA
Case No. 98-8712-R (AN)

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
The above appeal has been dismissed by the Ninth Circuti Court of Appeals. 


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