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Don Adams Update: Teamsters File Motion to Recover $62,673.46 in Fees and Costs
U.S. District Court for the Eastern District of Pennsylvania
| September 18, 2003
| Thomas H. Kohn
Posted on 09/25/2003 9:20:46 PM PDT by Physicist
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
|DON ADAMS, ET AL.,
|TEAMSTERS LOCAL 115, ET AL.,
MOTION FOR ATTORNEYS FEES AND COSTS
ON BEHALF OF TEAMSTERS LOCAL 115
Defendant Teamsters Local Union No. 115, by and through its attorneys, Markowitz & Richman, pursuant to 42 U.S.C. § 1988, hereby moves for an award of attorney's fees and costs, and states in support thereof as follows:
- Plaintiffs Don and Theresa Adams initiated this civil action pursuant to the Civil Rights statutes of the United States, 42 U.S.C. §§ 1983, 1985(2) and (3) and 1986.
- Among the various defendants was Teamsters Local Union No. 115.
- On January 24, 2001, the court entered on Order dismissing all but one of Plaintiffs' federal claims, retaining only their claim for violation of their freedom of speech.
- On August 6, 2003, the court granted Local 115's motion for summary judgment as to that sole remaining federal claim.
- At all times, Plaintiffs' federal claims were frivilous, unreasonable or without foundation.
- As a prevailing defendant, Local 115 is entitled to an award of attorney's fees as part of its costs. 42 U.S.C. § 1988(b).
- Prior to completing its bill of costs and the instant motion, Local 115 had incurred $60,510 in attorney's fees in defense of Plaintiffs' civil rights causes of action, and its costs were $2,163.46.
WHEREFORE, Local 115 moves for an award of attorney's fees and costs.
THOMAS H. KOHN
MARKOWITZ & RICHMAN
1100 North American Building
121 South Broad Street
Philadelphia, PA 19107
TOPICS: Activism/Chapters; Breaking News; Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Pennsylvania
KEYWORDS: clinton; donadams; fortune; johnnymorris; life; philadelphia; rendell; sacredhonor; teamsters; teriadams; thugs
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It gets worse, folks. The Teamsters have filed a motion to be granted $62,000 in costs against Don and Teri Adams. This is on top of about $40,000 they may be on the hook for to Judicial Watch. (Incidentally, Larry Klayman parted ways with JW this week
.) Don and Teri fairly have the wolf by the ears, now. As hard as it is for them to hang on, and as much worse as the situation looks to become, they don't dare let go. The only hope is to win, somewhere, somehow.
Summary of the 8/6/2003 Don Adams Decision, U.S. District Court
Anti-Clinton Protesters Lose in Suit Against Rendell
There was I time on FreeRepublic when I didn't have to introduce the topic of Don Adams. Other than Whitewater, it was FreeRepublic's first cause celebre.
In as few words as I can bear to muster, this is what happened. On October 2, 1998, Don and his sister Teri were beaten by members of the Teamsters Union for the crime of protesting against Clinton in Philadelphia.
(I myself had been attacked by the same mob earlier in the day, and I witnessed the Adams incident. I reported the events on FreeRepublic. In response, Jim Robinson called for a march on Washington, DC, which drew 5000 people on October 31, 1998.)
The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters (Kevin McNulty and Marc Nardone), along with Teamster Local 115 boss Johnny Morris. In response, the Teamsters filed charges against Don Adams. McNulty and Nardone copped a plea and got probation. Morris walked. Don Adams was subjected to the indignity of a trial, and was acquitted in July, 1999. Meanwhile, three other Teamsters were identified from video: Charlie Davis, Mark Hopkins, and Norma Bottomer. Don and Teri Adams filed another private criminal complaint, to which the defendants copped pleas and received probation.
In November of 1999, IBT President James Hoffa ordered that Teamsters Local 115 be placed into trusteeship, and that Johnny Morris be stripped of his powers, partly as a result of the Adams beating incident. Morris contested this bitterly until the end of his life.
The civil phase has been lurching along slowly since the end of the criminal phase.
Why you should care:
It is the business of Freepers to exercise our rights under the First Amendment. When we talk back to power, we have an expectation of being secure in our persons, in our property, and in our liberty. If Don and Teri Adams lose, none of these expectations are valid. It will mean that the men in power can silence us at will, without serious consequences. Five foot-soldiers of the totalitarians have received probation. That's something. But unfortunately Don and Teri have been made to pay a long series of terrible prices over the last five years, and much more lies ahead. I expect it to get worse for them before it gets better.
Would YOU be up to it?
The Don Adams Page is now defunct, but a version of it remains cached on archive.org (Warning: slow to load).
- My Affadavit For The Don Adams Civil Case
- My Subpoena From Teamsters Local 115 (Don Adams Case)
- Rendell Threatens to Walk During Deposition
Johnny Morris criminal case:
- Court KOs Activist in Fight with Morris [DON ADAMS UPDATE]
- DON ADAMS PRESS RELEASE: Criminal Complaint Against Teamster Leader John Morris Dropped
Davis, Hopkins, Bottomer criminal case:
- Teamster Trio To Be Sentenced Today For Beating Clinton Protesters
- Teamsters Sentenced to Probation in Adams Beating Case
- 3 Teamsters are Sentenced for Roughing Up Protester
McNulty and Nardone criminal case:
- Pretrial hearing of Kevin McNulty and Marc Nardone, on February 10, 1999. Part 1 Part 2 Part 3 Part 4
posted on 09/25/2003 9:20:47 PM PDT
To: TAdams8591; Elle Bee; kuipo maui; phillyfilly; dirtboy; Jim Robinson; Doctor Raoul; abner; ...
posted on 09/25/2003 9:21:21 PM PDT
To: Cautor; KernFarmer; Travis McGee; tang-soo; Vermonter; Movemout; RJCogburn; Dutchy; jackbill; ...
posted on 09/25/2003 9:21:42 PM PDT
To: SauronOfMordor; donna; donozark; cmsgop; js1138; Teacup; blackbag; Godebert; LUVYA DUBYA 2000; ...
posted on 09/25/2003 9:22:06 PM PDT
To: Victoria Delsoul; lepton; blackie; Map Kernow; wmcold; Twins613; GretchenEE; dandelion; tet68; ...
posted on 09/25/2003 9:22:34 PM PDT
Thanks for the update. It's a continuous outrage.
posted on 09/25/2003 9:23:40 PM PDT
(Call upon God to move on our behalf...)
Jeepers... Thanks for the update!
I can't believe they beat up Agent 86!
posted on 09/25/2003 9:24:39 PM PDT
(I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
Ah, that explains why they think the suit is frivilous. Mistaken identity!
posted on 09/25/2003 9:27:34 PM PDT
(Would that it were so simple, or so silly.)
When I saw this title, my heart stood still.
Why, why, why can't some conservative attornies step forward and help these people fight the good fight!!!??
Libs have law firms coming out of their ears and they're all killing us, inch by horrendous inch - eating away at our freedoms!
Don and Terri... My prayers for you both. This is a moral outrage. Just an outrage!
posted on 09/25/2003 9:29:10 PM PDT
(Do not remove this tag under penalty of law)
I thought Don and Terry were winning in court, how can the Teamsters hope to collect if they are guilty?
Can you post more information?
posted on 09/25/2003 9:29:12 PM PDT
This is heartbreaking news. The legal system in this country is so fouled up that the victims are made to suffer additional economic damage and stress because shyster lawyers are allowed to file outrageous claims like this.
I didn't think that I could have any lower opinion of the legal profession than I did before, but this action has exposed lower depths than I previously thought existed.
posted on 09/25/2003 9:31:18 PM PDT
(Always do right. This will gratify some people and astonish the rest.- Twain)
Thanks for the update my friend. Sigh.
Thanks for the update, Physicist.
posted on 09/25/2003 9:36:09 PM PDT
by Victoria Delsoul
(Arnold has the conviction and the fighting spirit to lead California into a new age of recovery)
Jeez, talk about a blast from the past.
I don't get it. What are the Adams' liable for, and why are they getting sued for $40,000?
posted on 09/25/2003 9:37:44 PM PDT
(I phoned the pest control department and their response was to send me a leaflet)
Those were the criminal cases. This is the civil case. With evidence as strong as there is in this case, who thought that the Teamsters could win? But Ed Rendell said it himself: the Teamsters control the courts.
As for more recent information, click on the two "recent articles" links, just before the "remedial section", above.
Much more information about this case is going to break soon.
The motion you have posted asks for fees and costs on the grounds that the action is frivolous. That means the case when filed was not well grounded in fact, or supported by existing law or a good faith argument for the modification or extension of existing law.
In my experience, it is very rare for a court to award fees on this basis.
In the Ninth Circus (the Court before which I sometimes practice), not only do you have to show the above, but you also have to show that you wrote the plaintiff a letter specifically pointing out why the lawsuit is frivolous, and asked the plaintiff to withdraw its complaint, before the case is dismissed. If you don't do this first, the Court will not even consider a motion for fees on this basis.
It seems unlikely that the Court would award the fees the Teamsters have requested, particularly if this is all there is to the motion. But I would be interested in seeing the original complaint.
posted on 09/25/2003 9:41:43 PM PDT
(To what office do I apply to get my tag line back????)
I don't get it. What are the Adams' liable for,
In this particular instance, they would be liable for the costs incurred by Teamsters Local 115, on the grounds that the lawsuit is frivilous. I stress that this motion has just been filed, and they have not yet been awarded those costs.
and why are they getting sued for $40,000?
Well, they aren't being sued for that, not yet, anyway. Judicial Watch had a falling out with Don and Teri Adams late last year (actually, after the Summmary Judgment arguments were presented, which the Teamsters ended up winning last month). Afterwards, Judicial Watch expressed a desire to collect $40,000 in costs that they claim were spent on Don and Teri's defense. (They initially claimed, $240,000, but the judge limited the claim to $40,000.)
It's a sad sad season when a court orders you to pay for the privilege of getting beat up by teamster thugs.
posted on 09/25/2003 9:53:01 PM PDT
by Chad Fairbanks
(I like my women like I like my coffee - Hot, and in a big cup.)
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