ILNews

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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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