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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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