Buffin v. City & County of San Francisco, No. 20-15518 (9th Cir. 2022)
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Plaintiffs alleged that the bail schedule set by the San Francisco Superior Court, an arm of the state, violated their equal protection and due process rights, 42 U.S.C. 1983 because it failed to take into account pre-arraignment detainees’ inability to pay pre-set mandatory bail amounts. Following years of litigation, the district court enjoined the Sheriff, who had Eleventh Amendment immunity from damages, from enforcing the bail schedule and any other state determination that made the existence or duration of pre-trial detention dependent on the detainee’s ability to pay. The court then awarded a reduced lodestar amount of attorney’s fees ($1,950,000.00) to the class and held California responsible for payment.
The Ninth Circuit affirmed the award, rejecting arguments that the state was not liable for fees because it was dismissed from the case on the ground of Eleventh Amendment immunity and did not otherwise participate in the litigation. Despite Eleventh Amendment immunity, the Sheriff could be sued in her capacity as a state official for injunctive relief, and the state could be assessed a reasonable attorney’s fee under 42 U.S.C. 1988. The state had the necessary notice and an opportunity to respond to claims that the official-capacity suit against the Sheriff could properly be treated as a suit against California.
Court Description: Civil Rights. The panel affirmed the district court’s order requiring California to pay attorney’s fees and costs in the amount of $1,950,000.00 after plaintiffs successfully challenged the State’s application of a mandatory bail law in San Francisco through an official-capacity class action suit brought pursuant to 42 U.S.C. § 1983 against the Sheriff for the City and County of San Francisco, who enforced California’s bail law on behalf of the State. Plaintiffs alleged that the bail schedule set by the San Francisco Superior Court, an arm of the State, violated their rights to equal protection and due process because it failed to take into account pre-arraignment detainees’ inability to pay the state court’s pre-set mandatory bail amounts. Following years of litigation, the district court enjoined the Sheriff, who it had long ago decided enjoyed Eleventh Amendment immunity from a damages judgment because she was acting on behalf of the State, from enforcing the bail schedule and any other state bail determination that made the existence or duration of pre-trial detention dependent on the detainee’s ability to pay. After the injunction issued, the district court awarded a reduced lodestar amount of attorney’s fees—amounting to $1,950,000.00—to the class. And it held the State of California responsible for payment of the attorney’s fees, given that this was an official-capacity action against the Sheriff, who was at all times acting on behalf of the State of California. 4 BUFFIN V. CITY & CTY. OF SAN FRANCISCO In affirming the attorney’s fee award, the panel rejected the State’s arguments that it was not responsible for paying the attorney’s fee award because (1) the State was dismissed from the case on the ground of Eleventh Amendment immunity from suit; and (2) the State did not otherwise participate in the litigation, either through intervention or by offering to represent the Sheriff in this action. The panel held that although it was true that the State was immune from a suit for damages here, the district court correctly ruled that the Sheriff could be sued in her capacity as a state official for injunctive relief, and that the State could be assessed a reasonable attorney’s fee under 42 U.S.C. § 1988. The panel further noted that in Hutto v. Finney, 437 U.S. 678 (1978), the Supreme Court confirmed that § 1988 awards against a state that is not a party to the lawsuit can be proper. The panel held that given the district court’s ruling that the Sheriff acted on behalf of the State when setting bail, the district court did not err in concluding that the Sheriff in her official capacity acted as the State’s agent for the purposes of assessing attorney’s fees. The panel further determined that the State had the necessary notice and an opportunity to respond to plaintiffs’ claims that this official-capacity suit against the Sheriff could properly be treated as a suit against the State. BUFFIN V. CITY & CTY. OF SAN FRANCISCO 5
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