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Los Angeles County, CA v. Humphries

Docket No.: 09-350
Certiorari Granted: 02/22/10
Argued: October 5, 2010
Decided: 11/30/10

Topics:

Bivens action, Eleventh Amendment, Fourteenth Amendment, Section 1983, Title VII

PartyNames: Los Angeles County, California v. Craig Arthur Humphries, et al.
Petitioner: Los Angeles County, California
Respondent: Craig Arthur Humphries, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CTA 9 order
Supreme Court Docket

Los Angeles County, California
v.
Craig Arthur Humphries, et al.
Question Presented:

1. Are claims for declaratory relief against a local public entity subject to the requirement of Monell v. Department of Social Services, 436 U.S. 658 (1978) that the plaintiff demonstrate that the constitutional violation was the result of a policy, custom or practice attributable to the local public entity as determined by the First, Second, Fourth and Eleventh Circuits, or are such claims exempt from Monell's requirement as determined by the Ninth Circuit? 2. May a plaintiff be a prevailing party under 42 U.S.C. §1988 for purposes of a fee award against a local public entity based upon a claim for declaratory relief where the plaintiff has not demonstrated that any constitutional violation was the result of a policy, custom or practice attributable to the public entity under Monell? 3. May a plaintiff be a prevailing party on a claim for declaratory relief for purposes of a fee award under 42 U.S.C. §1988 where there is neither a formal order nor judgment granting declaratory relief, nor any other order altering the legal relationship between the parties in a way that directly benefits the plaintiff?

Question:

Are claims for declaratory relief against a local public entity subject to the requirement of Monell that the plaintiff must demonstrate that the constitutional violation was the result of the policy, custom, or practice attributable to the local public entity; or are such claims exempt as determined by the Ninth Circuit?

Note:

JUSTICE KAGAN TOOK NO PART

Los Angeles County, CA v. Humphries
ORAL ARGUMENT

10/05/10

Listen to Oral Argument in Los Angeles County, CA v. Humphries
Holding: reversed and remanded
Vote: 8-0
Recused: who
Opinion By:
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