Facts

Individual and organizational plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983 for three individuals who were denied their right to acquire and purchase firearms based upon felony convictions that emanated from other states.

In each instance, the underlying felony conviction had been set aside, vacated or was dismissed in their respective state of origin, and their firearms rights were restored to them there.

The State of California, however, continued to deny the individual plaintiffs the right to own firearms.

In plaintiff Chad Linton's case, the Bureau of Firearms sent armed agents to his home to seize firearms that he had inherited from his grandfather.

In plaintiff Kendall Jones' case, the State denied the right to own firearms to a retired correctional officer who had been a law enforcement firearms trainer in the State of California for over 30 years.

Result

Attorneys' fees award of $244,400 entered on Nov. 26, 2024 pursuant to stipulation. On Feb. 28, 2024, the District Court granted Plaintiffs' motion for summary judgment, providing as-applied relief to the individual plaintiffs, and entered judgment accordingly. Plaintiffs filed a motion for attorneys' fees, seeking $282,000 in fees under 42 U.S.C. § 1988. On Nov. 22, 2024, the parties settled and filed a stipulated judgment for $244,400 in plaintiffs' favor.