Judge Orders U.S. to Pay Torrance’s Legal Fees in Rights Case

In an extraordinary ruling, a Los Angeles federal judge has ordered the Justice Department to pay up to $2 million in legal fees incurred by Torrance in successfully defending itself against a civil rights lawsuit brought by federal authorities.

Judge Mariana R. Pfaelzer granted Torrance’s request for legal fees Monday, agreeing with the city that the Justice Department’s lawsuit was “frivolous, unreasonable and without foundation.”

Attorneys interviewed Wednesday could not recall any similar action against the Justice Department’s civil rights division, which accused Torrance in 1993 of discriminating against African Americans, Asian Americans and Latinos in written tests for jobs as police officers and firefighters.

The city had argued that the tests, which measured reading and writing abilities at the 11th-grade level, were professionally developed and widely used by public safety agencies in California and elsewhere.

Pfaelzer ruled after a two-week nonjury trial two years ago that the federal government wholly failed to meet its burden of proof.

But Torrance’s victory came with a price tag--bills of about $2 million from the law firm of Latham & Watkins, which assigned five lawyers to defend the city.

While the Justice Department appealed the verdict, the city’s bid for reimbursement was held up for two years. The U.S. 9th Circuit Court of Appeals rejected the Justice Department’s appeal in a one-sentence decision late last month.

In granting the city’s motion for monetary sanctions against the civil rights division, Pfaelzer did not specify the amount of the award, giving the federal government a chance to review the law firm’s bills and make any objections. Civil rights division attorneys could not be reached for comment Wednesday, but city officials said they expect to receive nearly all of the money.

“The law holds ordinary citizens responsible when they bring frivolous lawsuits,” said Torrance Mayor Dee Hardison. “We have the right to expect better conduct from our government, but certainly in a case like this, when a party takes a courageous stand, it should be made whole.”

Wayne S. Flick, Latham and Watkins’ lead attorney in the case, described the award of legal fees as extremely rare. He and other attorneys specializing in civil rights cases said they were unaware of any similar ruling against the civil rights division, which is empowered to ensure that public agencies comply with federal civil rights laws.

In a rare handful of cases, Flick said, monetary sanctions have been imposed on the federal Equal Employment Opportunity Commission, which has authority to sue private employers that discriminate.

Generally, he said, judges are reluctant to award monetary sanctions against losing plaintiffs in civil rights suits because they fear that it might have a “chilling effect” on legitimate victims of discrimination, discouraging them from seeking redress in the courts.

He said government attorneys had not indicated whether they will appeal the sanctions, but that such an appeal is likely.

Torrance was one of four Los Angeles county municipalities hit with Justice Department discrimination complaints in the early 1990s. The other cities--Alhambra, El Monte and Pomona--reached consent agreements with the government.

Officials in Torrance said Wednesday that they were unable to provide a current breakdown of minority ratios among sworn personnel in the Police and Fire departments. During the federal trial, however, the city’s lawyers introduced into evidence a survey by the American Civil Liberties Union that rated Torrance high among California municipalities in efforts to integrate their public safety agencies.