Vanke

Vanke v. Block

Good Law
77 F. App'x 948
United States Court of Appeals for the Ninth CircuitOctober 9, 2003Nos. 02-55600, 02-56472California661 words

Opinion

Lead Opinion

MEMORANDUM *

R. Vanke, on behalf of a class of similarly situated persons (collectively, “Vanke”), appeals the district court’s grant of summary judgment in favor of defendants the former and current Los Angeles County Sheriffs and the County of Los Angeles (collectively, “Block”). Block cross-appeals the district court’s award of attorneys’ fees to Vanke. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the grant of summary judgment and reverse the award of attorneys’ fees.

The district court correctly ruled that Vanke’s claim for injunctive relief is moot. “A case m[ay] become moot if subsequent events ma[ke] it absolutely clear that the allegedly wrongful behavior c[an-not] reasonably be expected to recur.” United States v. Concentrated Phosphate Ass’n, 393 U.S. 199, 203 , 89 S.Ct. 361 , 21 L.Ed.2d 344 (1968). According to the uncontroverted declaration of Charles M. Jackson, the Commander of the Correctional Services Division of the Los Angeles County Sheriffs Department, Block has adopted a new policy for processing court-ordered releases that complies with the terms of the preliminary injunction, and which goes even further toward promoting the prompt release…

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