To: TAdams8591; Elle Bee; kuipo maui; phillyfilly; dirtboy; Jim Robinson; Doctor Raoul; abner; ...
Ping.
2 posted on
09/25/2003 9:21:21 PM PDT by
Physicist
To: Physicist; TAdams8591; Elle Bee; kuipo maui; phillyfilly; dirtboy; Jim Robinson; Doctor Raoul; ...
More evidence that what used to be our Nation's courts are, post the traitor, FD Roosevelt's, new scam, in the hands of activist agents of the manifestation of evil that is the modern "DemocRATic" party -- and that our President and Armed Forces Commander-In-Chief, George Walker Bush, must not be allowed to be thwarted in his bid, by replacing them with Constitutionalists, to rid the Nation's benches of insidious-evil's activist agents posing as "judges"
BTTT!
39 posted on
09/26/2003 2:03:24 AM PDT by
Brian Allen
( Rebellion to tyrants is obedience to God - Thomas Jefferson)
To: Physicist
Thanks for the update.
This is indeed very upsetting. The Adamses have suffered so much since that terrible attack in the fall of 1998.
If a minority brother & sister had been beaten up by some conservative organization...you can bet the ACLU would have been on the case in a NY minute!
Rendell is PA Governor and now Klayman is running for FL governor....disgraceful.
Please tell the Adamses that I will continue to pray that they will receive justice.
54 posted on
09/26/2003 7:17:26 AM PDT by
JulieRNR21
(Take W-04....Across America!)
To: Physicist
The motion says:
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 ... 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).
That refers to this
TITLE 42, CHAPTER 21, SUBCHAPTER I, Sec. 1988:
(b) Attorney's fees
In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318 (20 U.S.C. 1681 et seq.), the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or section 13981 of this title,, [1] the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction.
So the statute leaves it up to the judge's discretion. I suspect there are appellate cases dealing with the appropriate circumstances for making fee awards.
55 posted on
09/26/2003 7:17:38 AM PDT by
PatrickHenry
(The "Agreement of the Willing" is posted at the end of my personal profile page.)
To: Physicist
88 posted on
09/27/2003 1:00:55 AM PDT by
Elle Bee
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