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La Asociacion de Trabajadores de Lake Forest v. Lake Forest, No. 08-56564

FindLaw Staff

Article by: FindLaw Staff

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Civil Rights Action by Day Laborers

In La Asociacion de Trabajadores de Lake Forest v. Lake Forest, No. 08-56564, an action alleging that the City of Lake Forest police ran all the day laborers looking for work off the public sidewalks, the court affirmed in part the dismissal of the action and the denial of attorney's fees to a settling plaintiff where one plaintiff failed to assert any factual allegations in its complaint that it was forced to divert resources to help another association because of the defendants' actions.  However, the court reversed in part where the settling plaintiff had achieved "prevailing party" status.

 

As the court wrote:  "This appeal arises from a dispute between a nonprofit organization
advocating on behalf of day laborers and local government officials over the enforcement of restrictions on soliciting work on public sidewalks. The district court held that plaintiffs lacked standing and were not entitled to attorney's fees. We agree with the district court's standing conclusion, but disagree with its resolution of the attorney's fees issue. We therefore AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion."

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