Josefina Cabrales v. County of Los Angeles Ronald Black
Opinion
Opinion
Kozinski, J.
Josefina Cabrales won her civil rights lawsuit; she has a $150,000 jury award to prove it. En route to her ultimate victory, however, Cabrales suffered a temporary setback when the Supreme Court granted certiorari, vacated her judgment and remanded for reconsideration in light of a recent case. We consider whether she is entitled to attorney’s fees for her unsuccessful opposition to that certiorari petition.
Facts
Cabrales sued Los Angeles County and several County employees (“the County”) under 42 U.S.C. § 1983 for the death of her son, Sergio Alvarez Cabrales, who committed suicide while a pretrial detainee in County jail. The jury awarded her $150,-000 and the district court entered judgment on the award.
Cabrales moved for attorney's fees pursuant to 42 U.S.C. § 1988 , and was awarded $152,284.75. The County appealed both the jury verdict and the district court’s award of attorney’s fees. We affirmed, Cabrales v. County of Los Angeles, 864 F.2d 1454 (9th Cir.1988), and subsequently awarded her $48,576.75 in attorney’s fees for the appeal. Cabrales v. County of Los Angeles, 875 F.2d 740 (9th Cir.1989).