Judge says city must pay lawyers $550,000 (Cincinnati's Transexual Police Officer)

The Cincinnati Enquirer ^ | Saturday, February 28, 2004 | Dan Horn

[TSgt]

The legal battle over the demotion of a transsexual police sergeant four years ago will cost Cincinnati taxpayers more than $870,000.

The original total more than doubled Friday when a federal judge added $550,000 in attorney fees to the $320,000 that Police Officer Philecia Barnes - formerly Phil Barnes - won last year in U.S. District Court.

Judge Susan Dlott said the amount was justified because Barnes' lawsuit was an "extraordinary" civil rights case.

Federal civil rights laws allow attorneys to not only seek standard hourly fees, but also enhancements of those fees based on the importance and difficulty of the case. The law is designed to encourage lawyers to take on important civil rights cases, even if the money in dispute is small.

"This was no average sex discrimination case," Dlott wrote in her ruling Friday. "The novelty and difficulty of this question, combined with the immense skill requisite to conducting the case properly, merits an enhancement (of the fees)."

City Solicitor J. Rita McNeil acknowledged that Barnes' attorneys, led by Cincinnati lawyer Al Gerhardstein, are skilled and worked hard on the case. But she said additional fees are not warranted.

"I think this is inappropriate," said McNeil, who said she will appeal the decision. "It is usually a discretionary and extreme remedy to enhance the fees, and I just don't see the basis to do so."

Gerhardstein said city officials have only themselves to blame. He said if they had not discriminated against Barnes in the first place - and then fought so hard against her in court - the loss to city taxpayers would be much lower.

"The city brought this fee on itself," Gerhardstein said.

Barnes' lawsuit contended her intention to change her gender was the only reason for her demotion from sergeant to patrol officer during her six-month probationary period.

City lawyers argued that Barnes' grammar, time management and paperwork were not adequate.

A jury ordered the city to reinstate her and pay her damages. Barnes could have returned to her old job as a sergeant, but decided instead to take a $140,000 payment and return as a patrol officer.

[TSgt]

This kook judge was appointed by Clinton.

http://www.enquirer.com/editions/1999/03/24/loc_chesley_helps_fill.html

"Mr. Chesley has taken his share of heat for his friendship with the president. In 1995, eyebrows were raised when Mr. Chesley's wife, Susan Dlott, was appointed by Mr. Clinton to a vacant federal court judgeship. Her appointment sailed through the U.S. Senate."

My wife and I are so ready to leave CinciNastyFrisco.

[squarebarb]

The new ruling class.

[catpuppy]

Susan Dlott, was appointed by Mr. Clinton to a vacant federal court judgeship. Her appointment sailed through the U.S. Senate.

Where the hell was Senator Hatch and the rest of our Republican stalwarts on that one? Out to lunch then, out to lunch now while Senators Leahy, Schumer and Kennedy block judicial nominees faster than you can say Robert Bork.

[trebb]

Federal civil rights laws allow attorneys to not only seek standard hourly fees, but also enhancements of those fees based on the importance and difficulty of the case.

Gee, I wonder if I can get those who pay me to up the hourly rate for some of the "hot" projects I work on?

[chachacha]

Her appointment sailed through the U.S. Senate.

Most likely not challenged by the Republican wimps

Sorry if the truth hurts.

[joesnuffy]

Bwahahahaha.....All transexuals suffer from at least one serious mental disorder.....

So naturally they not only allow him to stay a cop they pay him extra for demoting him?

imo

[Ann Archy]

I grew up in beautiful CONSERVATIVE Cincinnati. Chesley, Springer, lesbian Mayor have led to it's downfall.

[risk]

http://laurenharman.tripod.com/halloween/images/photos/patnew.jpg
It's Pat!

[Holden Magroin]

In other news, the Republican Party has received a college deferment in the culture war to focus exclusively on estate tax repeal...Developing...

[TSgt]

You got that right!

Luken isn't much help either.

We are moving south.

[punster]

"Bwahahahaha.....All transexuals suffer from at least one serious mental disorder....."

An interesting question: Who developed the algorithms for out of sequence processing? Hint, they were developed in the 60's at IBM.

Another interesting question: Who wrote the text outlining the principles for designing very large scale integration of computer chips, i.e. microprocessors used in personal computers?

[Chu Gary]

"My wife and I are so ready to leave CinciNastyFrisco."

I used to live in the Hyde Park/Mt. Lookout area, just off Linwood. Escaped in 2003 and now live in the much freer and less screwed up state of Florida. It's also a bit of a mess but nothing like the slippery slope that Cincy is sliding rapidly down. Detroit South!

[Chu Gary]

Stan Chesley is the lawyer who pioneered class action lawsuits against big companies. He's the one who successfully sued the U.S. Chemical company, Carbide, operating in India and won a $3 billion prize. He's been active in pillaging every rich target since, a truly dangerous menace.

[Chu Gary]

"We are moving south."

There are, I believe, 6 states in the U.S. which do not have a state income tax. Two of those are northern States. The others are Nevada, Florida, Tennesee and Texas, all South of Cincy.

[ApplegateRanch]

Dlott? Sure the *L* isn't misplaced?

Should it not be Doltt?

BTW, is she The Cockroach That Ate Cincinnati? Or, was that the lawyer?

[topher]

cincinnati.com thread. I don't know if this needs to be deleted.

Cincinnati Enquirer = news.cincinnati.com

Just want to protect freerepublic.com - even if old thread...