Civil Rights: Younger-Based Dismissals Can Give Rise To Attorney’s Fees Exposure Against Civil Rights Plaintiffs And In Favor Of Defendant Counties

County Was Awarded $101,174.40 In Fees And $1,259.60 In Costs Under Section 1983 As Against Losing Plaintiff.

            The Ninth Circuit in Citizens for Free Speech, LLC v. County of Alameda, No. 18-16805 et seq. (9^th Cir. Mar. 24, 2020) (published), found that civil rights case dismissals under Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine can lead to an award of attorney’s fees in favor of a prevailing governmental agency and against a losing civil rights plaintiff under section 1983, finding that its blanket prohibition otherwise in Elwood v. Drescher, 456 F.3d 943, 948 (9^th Cir. 2006) was no longer good law.  However, a Younger-based dismissal does not always lead to fee exposure, unless the dismissal materially altered the parties’ legal relationship as it did in this case.  The dismissal allowed the County to continue its abatement proceeding to enforce a billboard ordinance, such that the governmental parties clearly prevailed, resulting in affirmance of the $101,174.40 in fees and $1,259.60 awarded against plaintiff because the suit was frivolous/unreasonable in nature.