Judge: Parents must pay fees in frivolous suit

Michael W. Hoskins
January 1, 2007
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Two parents challenging a new school-uniform policy in Anderson lost their legal battle in August after a federal judge dismissed the case. This week, parents Laura and Scott Bell have been ordered to pay attorneys' fees and court costs of approximately $40,931 to defendants Anderson Community Schools and the board of trustees.

U.S. District Judge John D. Tinder issued the order Thursday, recounting reasons for ruling in favor of the school district four months ago and issuing a note of caution for future pro se plaintiffs.

The Bells filed suit in Madison Circuit Court in July against the school corporation, claiming that a policy set to start on the first day of school in August would violate the constitutional right of children for a free education. That dress code - similar to those implemented in other Hoosier school districts such as the Indianapolis Public Schools - limits students to black, navy, or khaki pants or skirts, and solid color shirts and sweaters. Students wouldn't be allowed to wear baggy pants or skirts sagging below their midriffs, or shirts with writing on them, the parents claimed.

Anderson Community Schools had asked for summary judgment July 30, noting there is no basis for the federal or state law claims regarding a constitutional right to a "free education" and is no violation of "parental rights" under the Ninth and 14th Amendments.

Judge Tinder dismissed the case after pointing out that the pro se parent plaintiffs "utterly failed" to respond to discovery requests and hadn't shown any likelihood of prevailing in court.

"Plaintiffs offered no timely response to the Defendants' summary judgment motion, even though the court allowed them as pro se parties every latitude to pursue their claims, and encouraged them to obtain the assistance of counsel," Judge Tinder wrote in Thursday's ruling. "The court even gave them guidance on how to focus on the proper issues before the court. Plaintiffs were advised on more than one occasion that the losing party in this case may be required to pay the other side's costs, and even attorneys' fees."

Though the defendants met deadlines in the expedited schedule caused by the parents' request for injunctive relief, those plaintiffs did not attempt to persuade the court not to award any fees. Judge Tinder wrote that because the plaintiffs' civil rights claims lacked any reasonable basis in fact or law, they are considered frivolous and the fees can be awarded. The judge determined the lodestar amount - the reasonable number of hours worked multiplied by the market rate - should be used to determine the fee amount of $40,931.50.

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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.