RICHARD S. v. DEPT. OF DEVELOPMENTAL SERVICES

No. 01-56370.

317 F.3d 1080 (2003)

RICHARD S., Cynthia R., Valdina R., and Roes 1 through 2500, individually, and on behalf of all others similarly situated by William Cable, M.D., as Guardian ad Litem, Melissa Tisdale, by and through her guardian ad litem, Debby Tisdale, Raymond Masao Kawaguchi, by and through his conservator, Margaret Reade, Sheila Williams, by and through her conservator, Essie Rogers, Philip Wilson, by and through his conservator, Betty Gray, and Roes 2501 through 5000, Debbie Tisdale, individually, and on behalf of the California Association of State Hospital Parent Councils for the Retarded, aka (CASH/PCR), Association for Retarded Citizens-California, aka, (ARC-CAL), Sacramento Association for the Retarded, Inc., aka (ARC-Sacramento), Plaintiffs, Barbara Bell, Jeffrey Cason, Donna Plouffe, Self-Advocacy Board of Los Angeles, Autism Society of Los Angeles, Area IV Board, Intervenors. Melissa Tisdale, by and through her guardian ad litem, Debbie Tisdale, Philip Wilson, by and through his conservator, Betty Gray, Debbie Tisdale, individually, Debbie Tisdale, on behalf of the California Association of State Hospital Parent Councils for the Retarded, aka (CASH/PCR), Plaintiff-Appellants. v. DEPARTMENT OF DEVELOPMENTAL SERVICES OF the State of CALIFORNIA, Donna E. Shalala, in her capacity as Secretary of the Department of Health and Human Services, Fairview Developmental Center, South Coast Regional Project, Harbor Regional Center, Regional Center of Orange County, San Diego Regional Center, South Central Los Angeles Regional Center, Westside Regional Center, Clifford Allenby, as Director of the Department of Developmental Services State of California, Hugh Kohler, as Executive Director of Fairview Developmental Center, Lilia Tan Figueroa, M.D., as Medical Director of Fairview Developmental Center, Dawn Lemonds, as Director of South Coast Regional Project, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2003.


Attorney(s) appearing for the Case

Margaret M. Cahill (argued), Hardiman & Cahill, Costa Mesa, CA, for the plaintiff-appellant and intervenor-appellant. Patricia M. Lytle (brief), Law Offices of Herbert Hafif, Claremont, CA, for intervenor-appellant Melissa Tisdale.

Richard T. Waldow, Deputy Attorney General, Los Angeles, CA, for the defendants-appellees.

Before: PREGERSON, THOMPSON, and WARDLAW, Circuit Judges.


PREGERSON, Circuit Judge:

This appeal involves plaintiffs' motion for attorney's fees. Plaintiffs are developmentally disabled adults and residents of Fairview Developmental Center. On March 29, 1997, they brought suit under Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., and the Civil Rights Act of 1871, 42 U.S.C. § 1983, against California's Department of Developmental Services ("DDS"). After three years of litigation...

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