ILNews

School-fee case comes to a close - again

Michael W. Hoskins
January 1, 2007
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Parents who successfully challenged the constitutionality of Evansville school fees have won another victory in Indiana appellate courts, this time relating to attorney fees.

The Indiana Court of Appeals issued a 21-page decision today in Frank Nagy, et al. v. Evansville-Vanderburgh School Corporation, No 82A05-0609-CV-488, which involves a new issue stemming from an Indiana Supreme Court ruling last year. The case arose after the local district began charging every student a $20 student-services fee in fall 2002 as a way to make up for a $ 2.3 million deficient that year and a $ 5.3 million shortfall in 2003. The fees were ultimately declared unconstitutional in March 2006.

But on remand, the trial court denied the parents' requests for attorney fees on the issue of whether they're considered the "prevailing party." Parents appealed, arguing they are the prevailing party for purposes of the U.S. Constitution that provides for awarding attorney fees to parties who prevailed in actions brought to enforce federal constitutional rights.

"Turning to the specifics of the case before us, we must reject the trial court's determination that the Parents were not the prevailing party under Section 1988," the court wrote. "This outright victory upon the merits of the state constitutional claim fits within the generous definition of 'prevail' adopted by the federal Supreme Court."

However, left to be determined at the trial court level is how the fees should be divvied up to each set of parents - the Nagys and Bracketts, as the Bracketts joined the original suit later and were the only ones to bring a federal claim relating to attorney fees.

"Although we have addressed certain issues with regard to attorney fees. The ultimate calculation of reasonable attorney fees is a task for the trial court upon remand," the court wrote.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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