Los Angeles County v. Humphries (09-350)

argument 09-350

Los Angeles County v. Humphries

Supreme Court of the United States 55 min 4 speakers 8 chapters transcribed 6 days ago official recording ↗
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What is the Monell doctrine and how does it limit municipal liability under §1983?

John G. Roberts 0:03
We'll hear argument next in case zero nine three fifty, Los Angeles County versus Humphreys. Mr Coates?
Andrew Coates 0:10
Mr Chief Justice, and may it please the Court. In Manel versus Department of Social Services, this court held there could be no liability against a local public entity under Section 1983. unless the plaintiff proved causation. namely that the injury that was inflicted was inflicted as a result of a custom, policy or practice of that local public entity. The Ninth Circuit, however, in this case, has imposed ex post facto declaratory relief on the County of Los Angeles as well as a substantial fee award. While acknowledging that it has not in fact determined whether the injury suffered by the plaintiffs and subject to the declaratory relief was the result of a policy, custom or practice fairly attributable to the county of Los Angeles.
Andrew Coates 0:52
It did so because in the Ninth Circuit has developed a digression from the courts jurisprudence in Minnel, namely, in the Ninth Circuit claims for prospective relief, both injunctive and declaratory relief, are not subject to the Minnell requirements. We submit that this is flatly y inconsistent with Minnel and erodes the important principles of federalism
Unknown 1:18
declaratory judgment is not uh affect the fisk of the Yes, essentially. It does it does though, if if if you have attorney's fees. What what what what was the total uh attorney's fee award in this case?
Andrew Coates 1:33
Um As to the the county, it's fifty eight thousand dollars, but the overall award is far above that and that's just for appellate attorneys fees. We're not even talking trial fees at this time.
Unknown 1:43
What's far above? Like what?
Andrew Coates 1:45
Um six hundred and some odd thousand dollars.
Unknown 1:52
But there was no objection on the part of the state. The state was to pay the lion's share of the fees, I think ninety percent, right?
Andrew Coates 2:00
Correct. And
Unknown 2:01
the state is not contesting.
Andrew Coates 2:03
The state has not contested that, correct.
Unknown 2:05
Does does the state make that payment under an ex parte young theory?
Andrew Coates 2:10
Yes, yes. It's a suit against the state under ex parte young uh theory since they maintain the statute.
Unknown 2:15
If you sue the municipality, uh they denied marriage licenses of do you have to sue under nineteen eighty three or you can just sue alleging a federal cause of action under Because of a denial of a constitutional right.
Andrew Coates 2:32
Uh would have to be the courts recognized against local municipalities liability under section nineteen eighty-three.
Unknown 2:37
The only way to sue a municipality for constitutional violation is under nineteen eighty three?
Andrew Coates 2:41
In a direct civil cause of action. I believe that is correct, Your Honor.
Unknown 2:44
Well, you could get the individual uh officer who's uh denying the marriage license or whatever the offensive uh act is. You could sue that person under nineteen eighty three and get uh And get injunctive relief, I suppose.
Andrew Coates 2:59
That is correct. You could also sue the individual.
Unknown 3:01
But could you sue outside of nineteen eighty three?
Andrew Coates 3:04
the individual for a federal constitutional remedy?
Andrew Coates 3:15
Uh no, I believe that y would still have to have an operative statute to get it into federal court. For declaratory relief requires some of the things that we have to do. And that
Unknown 3:22
has to be a statute, it has to be nineteen eighty three?
Andrew Coates 3:24
I believe for a constitutional claim of this type it would be Section nineteen eighty three. You might find an employment case where you might have Title Seven concerns. It depends on the the the right that you're talking, it's at issue.
Elena Kagan 3:36
Ignore the injunction. Can you go to the state and force the state to in that circumstance to to get someone to issue the licence on your behalf?
Andrew Coates 3:48
Uh i if it's we're talking about the state are you referring to the municipality? Um you would not unless you show that there was a policy, custom or practice. So what you're
Elena Kagan 3:58
saying is that a state Agent. or s or a municipality can continue to ignore a constitutional violation. Until what? You're denied the license five times? Well no. How many times do you have to show that you're not getting a license you are entitled to?
Andrew Coates 4:16
Well, say for example, if one one brought to the attention of a policymaking official that this is what was going on,

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