Citizens for Free Speech, LLC v. County of Alameda, No. 18-16805 (9th Cir. 2020)
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The Ninth Circuit affirmed the district court's dismissal of a 42 U.S.C. 1983 action, alleging constitutional violations arising from the County's enforcement of its billboard ordinance through an abatement proceeding. The panel agreed with the district court that all the elements required for Younger abstention were present where the abatement proceeding was ongoing, constitutes a quasi-criminal enforcement action, implicates an important state interest in its land-use ordinances and in providing a uniform procedure for resolving zoning disputes, and allows litigants to raise a federal challenge. Furthermore, plaintiffs' federal action could substantially delay the abatement proceeding, thus having the practical effect of enjoining it.
The panel also affirmed the district court's order awarding attorney's fees and costs. The panel held that the district court did not abuse its discretion in determining that plaintiffs' action was frivolous at the outset. The panel also held that the County was the prevailing party where the district court's Younger-based dismissal effected a material change in the parties' relationship because it eliminated the possibility that plaintiffs' federal lawsuit would halt or impede the County's abatement proceeding.
Court Description: Civil Rights. The panel affirmed the district court’s dismissal of an action brought pursuant to 42 U.S.C. § 1983 against Alameda County, its zoning board, and various local officials alleging constitutional violations arising from the County’s enforcement of its billboard ordinance through an abatement proceeding, and award of attorney’s fees and costs. Plaintiff, Citizens for Free Speech, LLC entered into an agreement with Michael Shaw, the owner of a parcel of land in Alameda County, to display billboards expressing political messages. Determining that the billboards violated the local zoning scheme, County officials began an abatement proceeding against Citizens. In response, Citizens and Shaw filed suit pursuant to § 1983. The district court dismissed plaintiffs’ action based on the abstention doctrine introduced in Younger v. Harris, 401 U.S. 37 (1971). In affirming the dismissal, the panel determined that the County’s abatement proceeding against Citizen was ongoing, constituted a quasi-criminal enforcement action, and implicated an important state interest, namely the County’s strong interest in its land-use ordinances and in providing a uniform procedure for resolving zoning disputes. The abatement proceeding also allowed Citizens adequate opportunity to raise its federal challenges; under CITIZENS FOR FREE SPEECH V. CTY. OF ALAMEDA 3 California law, a litigant may seek judicial review of an adverse decision and, in doing so, may raise federal claims. Finally, the panel determined that plaintiffs’ federal action could substantially delay the abatement proceeding, thus having the practical effect of enjoining it. And no exception to Younger, such as bad faith, harassment, or flagrant violation of express constitutional prohibitions by the state or local actor, were present. The panel held that the district court’s fee award was not an abuse of discretion. The panel held that plaintiffs’ initiation of this action was wholly without merit. Additionally, the panel held that the County was the prevailing party because the district court’s Younger-based dismissal eliminated the possibility that plaintiffs’ federal lawsuit would halt or impede the County’s abatement proceeding. Applying CRST Van Expedited, Inc. v. E.E.O.C., 136 S. Ct. 1642, 1651 (2016), and Amphastar Pharm. Inc. v. Aventis Pharma SA, 856 F.3d 696, 710 (9th Cir. 2017), the panel held that Elwood v. Drescher, 456 F.3d 943, 948 (9th Cir. 2006), which had previously established an outright bar of fee awards to defendants winning Younger-based dismissals, was no longer good law. The panel held that while a dismissal of a damages claim under Younger may not always materially alter the parties’ legal relationship, it unquestionably did so here. 4 CITIZENS FOR FREE SPEECH V. CTY. OF ALAMEDA
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