Buffin v. City & County of San Francisco, No. 20-15518 (9th Cir. 2022)Annotate this Case
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.