Watson v. County of Riverside

300 F.3d 1092, 2002 WL 1902271
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 20, 2002
DocketNos. 01-56214, 01-56298
StatusPublished
Cited by71 cases

This text of 300 F.3d 1092 (Watson v. County of Riverside) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. County of Riverside, 300 F.3d 1092, 2002 WL 1902271 (9th Cir. 2002).

Opinion

OPINION

SILVERMAN, Circuit Judge.

We hold today that a plaintiff who succeeds in obtaining a preliminary injunction can be deemed a “prevailing party” for purposes of 42 U.S.C. § 1988, even though he did not recover other relief sought in the lawsuit. We also hold that a district court does not abuse its discretion when it declines to assess against a defendant attorney’s fees incurred by a plaintiff in opposing a motion to intervene brought by strangers to the lawsuit.

I. Facts

Tracy Watson, a former Riverside County deputy sheriff, participated in a highly publicized vehicle chase that culminated in the arrest of certain individuals. Watson wielded his police baton during the arrest and was suspected of using excessive force. Upon returning to the sheriffs station, he [1094]*1094was ordered to prepare a report of the incident. Watson alleged that he was denied the opportunity to consult with a lawyer prior to writing his report. Upon completion of his report, Watson was placed on administrative leave and eventually terminated.

Watson brought an action in the U.S. District Court alleging that the county and various individual deputies violated his Fourth, Fifth and Fourteenth Amendment rights by detaining him and compelling him to write his report, and by refusing to allow him to consult with a lawyer or a representative of his employee organization prior to writing the report. He also alleged violations of state law. Watson sought money damages and an injunction enjoining the county from using Watson’s report at the hearing on Watson’s appeal of his termination from the sheriffs office.

After analyzing the merits of Watson’s claim, the court granted a preliminary injunction in the following terms:

THEREFORE, IT IS ORDERED THAT defendants are prohibited from introducing in any manner in plaintiffs administrative appeal hearing concerning his discharge from employment with the County of Riverside, now pending before Arbitrator Alexander M. Cohn, or in any other official proceeding arising therefrom or connected therewith, the Riverside Sheriffs Department report written by plaintiff Tracy L. Watson on April 1, 1996(report number SWR 96092026) and any and all information therefrom, and its derivative fruits.

Watson v. County of Riverside, 976 F.Supp. 951, 957 (1997).

Nearly two years after the preliminary injunction issued, the district court granted summary judgment in favor of the defendants on all issues except one. It found a triable issue relating to Watson’s claim for injunctive relief based on an alleged violation of due process. By that time, however, the administrative hearing had long since come and gone. The parties agreed that the claim for permanent in-junctive relief had become moot. Accordingly, the court dismissed the case, leaving only Watson’s claim for attorney’s fees under 42 U.S.C. § 1988.

The court ruled that Watson was a “prevailing party” by virtue of his having won the preliminary injunction that prevented the use of Watson’s report at the termination hearing. The court awarded Watson attorney’s fees and costs totaling $153,988.41. The court reasoned:

The object of this litigation was not to compel the County to reinstate Watson. Rather, Watson sought through this litigation a court decision that the arrest report was obtained in violation of his First, Fourth, Fifth, and/or Fourteenth Amendment rights. In the order granting Watson’s motion for a preliminary injunction, the court ruled that he had shown a fair chance of success on the merits that Defendants deprived him of his right to due process by denying him the ability to consult with an attorney before and while writing the arrest report and ordered that Defendants were prohibited from introducing the arrest report at the hearing.
Watson’s preliminary injunctive relief satisfies the prevailing party test of Texas State Teachers [Assoc. v. Garland Indep. Sch. Dist., 489 U.S. 782, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989)]. Watson achieved “some of the benefit [he] sought in bringing suit” by obtaining an injunction prohibiting the admission of the arrest report at the hearing. Texas State Teachers, 489 U.S. at 791-92, 109 S.Ct. at 1493. Moreover, the injunction altered the legal relationship between the parties because it precluded the defendants from using the arrest report, [1095]*1095which they otherwise would have been able to use, in the hearing.

(Second alteration in original).

With the exception of the time spent by Watson’s lawyers responding to motions to intervene filed by third parties (which the district court denied) the court granted Watson his attorney’s fees based on all of the time his lawyers spent on the case, not just the time allocable to the preliminary injunction.

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Cite This Page — Counsel Stack

Bluebook (online)
300 F.3d 1092, 2002 WL 1902271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-county-of-riverside-ca9-2002.