United States Ninth Circuit

The district court's order granting declaratory and injunctive relief to plaintiffs in two class actions which challenged a state court default judgment and injunction obtained by the government against the Orange Varrio Cypress Criminal Street Gang and its individual members and associates in a state court action to abate gang activity under California's general public nuisance statutes, is: 1) affirmed in part, as to the district court's issuance of declaratory and injunctive relief barring enforcement of the state court order against the plaintiffs; 2) reversed in part, where plaintiffs' procedural due process claim against defendant Rackauckas, sued in his official capacity as the head of Orange County District Attorney's Office, was barred; and 3) affirmed in part but remanded, as to the attorney's fee award to plaintiffs, where because defendant Rackauckas was not subject to equitable remedies for violations of state law in this case, it was possible that there was some difference in the amount of the fee award that could be applied to him.

Appellate Information

• Decided 11/05/2013
• Published 11/05/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel