Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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do not apply to attorney’s fees incurred in litigation under
California Civil Code § 52.1. Attorney’s fees incurred in
litigating § 52.1 claims are not authorized under 42 U.S.C.
§ 1988. Rather, § 52.1(h) authorizes attorney’s fee awards
independently of 42 U.S.C. § 1988. Indeed, we have held
that the PLRA attorney’s fees cap does not apply even to
federal law claims for which attorney’s fees are available
under 42 U.S.C. § 1988, as long as those claims are brought
under statutes with their own attorney’s fee provisions.
Armstrong v. Davis, 318 F.3d 965, 973–74 (9th Cir. 2003)
(holding that the PLRA cap does not apply to fees awarded
under the ADA’s or RA’s attorney’s fee provisions even if
the plaintiff could have sought attorney’s fees under § 1988).

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