Friday, July 21, 2017

Miller v. Davis - counsel fees awarded against defiant County Clerk

The United States Supreme Court's 2015 ruling in Obergefell v. Hodges put to rest the issue of whether same sex couples had a right to marry.  A Kentucky County Clerk Kim Davis responded by refusing to issue any marriage licenses.She was briefly jailed for contempt of court - defiance of a preliminary injunction.  Judge David L. Bunning has now rejected the Magistrate's recommendation to deny counsel fees on the ground that April Miller was not a prevailing party because the case resolved short of the permanent injunction plaintiff had sought in her complaint. The court allowed counsel fees of $222, 695, plus costs.  - gwc
Bunning, D.J. Memorandum and Order awarding counsel fees to plaintiff, July 21, 2017 and rejecting
Recommended Disposition and Order of Magistrate denying motion for counsel fees

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