Los Angeles County v. Humphries

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
09-350	9th Cir.	Oct 5, 2010 Tr.Aud.	Nov 30, 2010	8-0	Breyer	OT 2010

Holding: Under the Supreme Court's decision in Monell v. New York City Dep't of Social Services (1978), a plaintiff who sues a local government for civil rights violations under federal law must show that his injury was the result of a policy or custom of the local government to obtain an injunction or a declaratory judgment. (Kagan, J., recused).

Plain English Holding: A person suing a city for violation of her civil rights must show that her rights were violated by a city policy (rather than by the unauthorized conduct of a city employee) to obtain any relief against the city, even if the plaintiff is seeking only an injunction or a declaration that her rights were violated. (Kagan, J., recused).

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Stephen Breyer on November 30, 2010. (Kagan, J., recused).

SCOTUSblog Coverage

Opinion analysis: Tying up a loose end in civil rights enforcement (Steven Schwinn)
This Week at the Court: In Plain English (Lisa McElroy)
Argument preview: What showing is required for declaratory relief and attorney's fees? (Anna Christensen)
Clarifying jury selection (Lyle Denniston)

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
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On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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Cases argued	43
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Los Angeles County v. Humphries

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Certiorari-Stage Documents

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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