Walter B. Hoye II v. City of Oakland
Published: Nov. 3, 2012 | Result Date: Oct. 1, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:2007-cv-06411 Bench Decision – $360,000
Court
USDC Northern
Attorneys
Plaintiff
Catherine W. Short
(Life Legal Defense Foundation)
Defendant
Facts
The City of Oakland enacted a "bubble ordinance" creating an eight-foot buffer around people seeking access to reproductive health care clinics. The ordinance provided that within 100 feet of a clinic, it is unlawful to "willfully and knowingly approach within eight feet of any person seeking to enter such a facility."
Walter Hoye II, a pro-life "sidewalk counselor," brought suit. He claimed that the ordinance was unconstitutional on its face and as applied. In August 2009, the district court upheld the ordinance as constitutional. The Ninth Circuit then affirmed in part and reversed in part, concluding that the ordinance was constitutional, but that Oakland's enforcement policy was constitutionally invalid. The City then revised its written enforcement policy to comply with the Ninth Circuit opinion.
The plaintiff then moved for attorney's fees.
Damages
Hoye sought a total of $585,061 in fees and costs.
Result
The Court granted the motion and awarded the plaintiff $361,269 in fees.
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