Lopez v. Youngblood, Case No. CV-F-07-0474 DLB
Decision Date | 01 September 2011 |
Docket Number | Case No. CV-F-07-0474 DLB |
Parties | MARSIAL LOPEZ, et al., each individually, and as class representatives, Plaintiffs, v. SHERIFF DONNY YOUNGBLOOD, et al., Defendants. |
Court | U.S. District Court — Eastern District of California |
On June 21, 2007, Plaintiff Marsial Lopez, individually and as class representative, filed the instant civil rights action on March 27, 2007. On June 21, 2007, Plaintiffs Marsial Lopez, Sandra Chavez and Theodore Medina individually, and as class representatives, filed a First Amended Complaint ("FAC") against Kern County, the Kern County Sheriffs Department ("KCSD"), Kern County Sheriff Donny Youngblood(officially and individually), and former Kern County Sheriff Mack Wimbush (individually).
Plaintiffs brought this class action challenging the manner in which people are searched in Kern County's jails. Specifically, Plaintiffs, and the classes which they represented, prevailed in District Court with their constitutional challenge of two KCSD policies: strip searching1 persons returning to jail from court who, as a result of their court appearance, became entitled to release, and the policy of strip searching (whether pre-trial, post-trial, or post-release) in groups without individual privacy. For purposes of this motion, these classes shall be referred to as the Post Release Class and Group Strip Search Class, respectively. There is no dispute as to the existence of either of the two above-mentioned policies, or of the fact that KCSD practices were in conformance thereto until their repeal in October, 2007, shortly after the filing of the instant lawsuit.
On March 31, 2009, this Court granted partial summary judgment/summary adjudication on the following: 1) KCSD violated the Fourth Amendment by routinely strip searching court-ordered releasees, and 2) KCSD violated the Fourth Amendment by routinely strip searching inmates in groups without privacy. This Court also denied Defendants' motion for summary adjudication on a number of issues, including whether the Sheriffs, in their jail operations function, are state actors and entitled to Eleventh Amendment immunity.
On that same date, this Court granted Plaintiffs' Motion for Class Certification. The Court certified the following two classes:
Post-Release Class: People who, from March 27, 2005, up to October 1, 2007, or the time of judgment or settlement of the case: (a) were in KCSD custody; (b) were taken from jail to court; (c) became entitled to release after going to court; and (d) were stripand/or vbc searched before release pursuant to KCSD's blanket policy, practice and/or custom to strip/vbc search all court returns, including those entitled to release.
Group Strip Search Class: People who, from March 27, 2005, up to October 1, 2007, or the time of judgment or settlement of the case: (a) were in KCSD custody; (b) were subjected to a strip and/or vbc search in a group with other inmates also being strip/vbc searched, which search did not afford privacy from others; and (c) whose strip searches were conducted pursuant to KCSD's blanket policy, practice and/or custom to regularly conduct strip/vbc searches in a group setting.
Defendants filed an appeal on April 28, 2009, on behalf of individual Defendants Donny Youngblood and Mack Wimbish. That was a direct appeal of the denial of 11th Amendment immunity. Defendants also filed a Rule 54(b) motion on April 28, 2009, requesting: 1) entry of judgment on all §1983 claims against the County on 11th Amendment immunity grounds, and 2) entry of judgment on the federal and California law claims for group strip searches (but not for post-release strip searches) regardless of whether 11th Amendment immunity is available. This Court denied the Rule 54(b) motion on July 1, 2009. On May 22, 2009, Defendants filed a §1292(b) motion for certification of issues for appeal along with a request for a stay. The §1292(b) motion was granted on July 15, 2009, but the request for stay pending resolution of this petition was denied without prejudice. This matter was pending on appeal before the Ninth Circuit when the parties reached a mediated class action settlement
The settlement agreement provides as follows:
Plaintiffs filed a motion for attorneys' fees seeking $2,000,000 (28% of the class fund) in fees plus class counsel costs of $ $44,393.60. For the reasons stated below, the Court awards Plaintiffs' counsel $2,000,000 as attorneys' fees, plus $ $44,393.60 in costs.
It is well settled in the Ninth Circuit that, "[i]n a common fund case, the district court has discretion to apply either the lodestar method or the percentage-of-the-fund method in calculating a fee award." Fischel v. Equitable Life Assurance Soc'y of the U.S., 307 F.3d 997, 1006 (9th Cir.2002); see also, e.g., Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir. 1989); In re Washington Public Power Supply System Securities Litigation, 19 F.3d 1291, 1295 (9th Cir. 1994)). While the court has discretion to use either method, "the primary basis of the fee award remains thepercentage method." Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1050 (9th Cir. 2002). See also Six Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1311 (9th Cir. 1990) (); In Re Rite Aid Corp. Securities Litigation, 396 F.3d 294, 307 (3d Cir. 2005)) ("the lodestar cross-check does not trump the primary reliance on the percentage of common fund method").
Many courts and commentators have recognized that the percentage of the available fund analysis is the preferred approach in class action fee requests because it more closely aligns the interests of the counsel and the class, i.e., class counsel directly benefit from increasing the size of the class fund and working in the most efficient manner. See, e.g., Swedish Hosp. Corp. v. Shalala, 1 F.3d 1261, 1266-67 & fn.3, 1269-71 (D.C.Cir. 1993) (...
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