Angela Bernhardt v. County of Los Angeles Lloyd W. Pellman, Individually Lloyd W. Pellman, in His Official Capacity

Appellant Angela Bernhardt’s § 1983 lawsuit alleged that the County of Los Angeles settles civil rights actions only on 1670 a lump sum basis that includes all attorney fees, and that such a policy interferes with her implicit right under 42 U.S.C. § 1988 to obtain an attorney. The district court dismissed the suit sua sponte, ruling on the basis of Bernhardt’s complaint that she lacked standing. We have jurisdiction under 28 U.S.C. § 1291 and we reverse. On de novo review, we hold that Bernhardt’s complaint sufficiently established standing. Although Bernhardt’s claims for prospective relief are moot, we hold that a live controversy remains because of the possibility that Bernhardt may be awarded actual or nominal damages.

BACKGROUND

A. Evans v. Jeff D.

This action must be viewed in the context of Evans v. Jeff D., 475 U.S. 717 , 106 S.Ct. 1531 , 89 L.Ed.2d 747 (1986). In Evans , plaintiffs in a class action suit entered into a settlement that included a waiver of statutory attorney fees under 42 U.S.C. § 1988 , which permits an award of fees to a prevailing party in a federal civil rights lawsuit. Plaintiffs argued that the district court should have rejected the fee waiver…