Judge Awards UC Davis Law Clinics Attorney Fees
United States District Judge Ronald M. Whyte ordered payment of $16,145 in attorney's fees for work performed by the UC Davis Civil Rights and Immigration Law Clinics in 2005 and 2006.
The UC Davis Immigration Law Clinic, in the case of Juan Carlos Valadez-Lopez v. Michael Chertoff, et al., had filed a federal petition for the release from immigration detention for a client who had been diagnosed with schizophrenia. The Clinic alleged that its client was denied medication by officials from Immigration and Customs Enforcement and employees of Sacramento County Jail (with whom the federal government contracts to detain immigrants). The Clinic also alleged that government officials refused to transport the client to hearings in neighboring Yolo County, where the client sought to withdraw a no contest plea in a criminal matter.
The Clinic eventually negotiated a settlement to the lawsuit, which required that the client be given his medication and be transported to his hearings in Yolo County. Subsequently, the client was able to withdraw his plea and was released from custody by the Immigration Court.
Students from the Civil Rights Clinic then filed a motion for attorney's fees under the federal Equal Access to Justice Act. Judge Whyte granted the motion, awarding more than $7,000 for the work of UC Davis law students Jonathan Elson '06, Sarah Farnsworth '07, and Sean Strauss '06, and over $8,000 for the work of their supervising attorneys.
In awarding fees, Judge Whyte said, "because the government has failed to provide adequate explanations for the failure to provide medication to petitioner during his detention and the denial of transportation for petitioner to his hearing, the government’s position is not substantially justified."
The UC Davis Immigration Law Clinic, in the case of Juan Carlos Valadez-Lopez v. Michael Chertoff, et al., had filed a federal petition for the release from immigration detention for a client who had been diagnosed with schizophrenia. The Clinic alleged that its client was denied medication by officials from Immigration and Customs Enforcement and employees of Sacramento County Jail (with whom the federal government contracts to detain immigrants). The Clinic also alleged that government officials refused to transport the client to hearings in neighboring Yolo County, where the client sought to withdraw a no contest plea in a criminal matter.
The Clinic eventually negotiated a settlement to the lawsuit, which required that the client be given his medication and be transported to his hearings in Yolo County. Subsequently, the client was able to withdraw his plea and was released from custody by the Immigration Court.
Students from the Civil Rights Clinic then filed a motion for attorney's fees under the federal Equal Access to Justice Act. Judge Whyte granted the motion, awarding more than $7,000 for the work of UC Davis law students Jonathan Elson '06, Sarah Farnsworth '07, and Sean Strauss '06, and over $8,000 for the work of their supervising attorneys.
In awarding fees, Judge Whyte said, "because the government has failed to provide adequate explanations for the failure to provide medication to petitioner during his detention and the denial of transportation for petitioner to his hearing, the government’s position is not substantially justified."