Couple on Child Abuse List Despite Exoneration Loses Supreme Court Case
A California couple who remained on a state list of child abusers even after they were cleared of the charges have lost an attorney fee case before the U.S. Supreme Court.
The court ruled in the case of Craig and Wendy Humphries, who were found innocent of abuse despite accusations by their daughter, Fox News reports. At issue was their right as prevailing parties to collect $60,000 in attorney fees from Los Angeles County, out of a total of $600,000.
The Supreme Court opinion (PDF) held that plaintiffs seeking an injunction or other declaratory relief in Section 1983 cases against municipalities must prove an injury was caused by a governmental policy or custom, just as they have to do in cases for damages.
The decision overturns a ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals, which had said Los Angeles County was on the hook for the $60,000 in fees. The county had argued the Humphries were not prevailing parties, and in any event, it was state policy that caused any injury.
Justice Stephen G. Breyer wrote the opinion for the unanimous court. Justice Elena Kagan did not participate in the case.
The case is Los Angeles County v. Humphries.
Corrected at 7:10 p.m. to change “policies” to “parties.”
