EAJA Awards (#198003)

Flores EAJA Fees (re July 30 2018 Order)
20-00668
U.S. Department of Health and Human Services
Children, Family and Aging Division (CFAD)
Center for HR and Constitutional Law; Univ. of CA Davis School of Law; National Center for Youth Law
648,790.00
Court
Null
Recitals are as follows:

A. On April 14, 2018, Flores counsel filed a Motion to Enforce the terms of the Flores Settlement Agreement in the United States District Court for the Central District of California (Case No. 2:85-cv-04544). In the Motion, Plaintiffs asserted that that the Office of Refugee Resettlement (“ORR”) has breached the Flores Agreement by implementing policies and/or practices that fall within three categories, including: (1) placing Class Members in Residential Treatment Centers (“RTCs”), staff-secure facilities, and secure facilities; (2) administering psychotropic drugs to Class Members without first obtaining a court order or the information consent of a person authorized by state law to approve such decisions; and (3) unnecessarily prolonging Class Members’ detention in ORR facilities.
B. On July 30, 2018, the District Court entered an Order finding that the Government must: (1) transfer all class members out of Shiloh RTC in Manvel, Texas unless a licensed psychologist or psychiatrist has determined or determines that a particular class member poses a risk of harm to self or others; (2) provide access to drinking water at Shiloh RTC and permit class members there to talk privately on the phone as permitted by house rules and regulations; (3) provide written notice to class members of reasons for placing them in a secure or staff-secure facility or RTC; (4) remove from a secure facility any class member who was placed or whose placement has been maintained there solely because the class member “may be chargeable” (as opposed to “is chargeable”) with an offense, the Class Member reported gang involvement or displayed gang affiliation while in care, and Defendants lack probable cause to believe that the individual committed any other specified offense, and/or the Class Member self-disclosed gang involvement prior to placement in ORR custody that does not give risk to probable cause to believe that the individual has committed a specified off
Settlement – Stipulated Dismissal