Humphries, et al v. LA County, et al, No. 05-56467 (9th Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on January 15, 2009.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CRAIG ARTHUR HUMPHRIES; WENDY DAWN ABORN HUMPHRIES, Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES; LEROY BACA, individually and in his official capacity as Los Angeles County Sheriff; MICHAEL L. WILSON, individually and in his official capacity as a Detective and/or Deputy of the Los Angeles County Sheriff s Department; CHARLES T. ANSBERRY, individually and in his official capacity as a Detective of the Los Angeles County Sheriff s Department; BILL LOCKYER, Attorney General, in his official capacity as Attorney General of the State of California, Defendants-Appellees.   No. 05-56467 D.C. No. CV-03-00697-JVS Central District of California, Santa Ana ORDER  On Remand From The United States Supreme Court Filed May 26, 2011 Before: Jay S. Bybee and Milan D. Smith, Jr., Circuit Judges, and Richard Mills, Senior District Judge.* *The Honorable Richard Mills, Senior District Judge for the U.S. District Court for Central Illinois, Springfield, sitting by designation. 6901 6902 HUMPHRIES v. COUNTY OF LOS ANGELES ORDER After finding Appellants to be the prevailing parties in this case under 42 U.S.C. § 1988, we ordered Appellee County of Los Angeles to pay 10% of Appellants attorney s fees. See No. 05-56467 (June 22, 2009) at 1, 3-4. We later adopted the recommendation of the Appellate Commissioner, which calculated this portion of the fee award to be $59,258.09. See No. 05-56467 (Dec. 2, 2009) at 2. The United States Supreme Court subsequently reversed this portion of the judgment of this court. We likewise reverse and remand the case to the district court for further proceedings consistent with the decision of the United States Supreme Court in Los Angeles Cnty, Cal. v. Humphries, ___ U.S. ___, 131 S. Ct. 447, 453-54 (2010).

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