Prescott

Prescott v. County of El Dorado

Good Law
2000 Daily Journal DAR 2339·204 F.3d 984·2000 WL 232262·163 L.R.R.M. (BNA) 2994·2000 Cal. Daily Op. Serv. 1670
United States Court of Appeals for the Ninth CircuitMarch 2, 2000No. 98-15579California387 words

Opinion

Lead Opinion

Steven Prescott, 2 an employee of. the County of El Dorado, California, appealed the determination of the district court that granted him limited relief on his claim that the assessment of fair-share agency shop fees against him was not fair. We affirmed the district court in part, reversed in part, and remanded. See Prescott v. County of El Dorado, 177 F.3d 1102 (9th Cir.1999) (Prescott I).

Prescott sought certiorari relief from the United States Supreme Court and it, without further specification, granted cer-tiorari and then vacated and remanded our decision for further consideration 3 in light of its recent holding in Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., — U.S. -, 120 S.Ct. 693 , 145 L.Ed.2d 610 (2000). Friends of the Earth is a standing case, and the only portion of our decision that dealt with standing was part E, which discussed the issue of indemnification. See Prescott I, 177 F.3d at 1111-12 . In that portion, we affirmed the district court’s determination that Prescott lacked standing to object to a contract provision between the El Dorado County Employees Association, Local No. 1 and the County, pursuant to which the former agreed to…

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