Kim Davis and Rowan County Not Liable for Attorney’s Fees

Jul 21, 2017

Today, U.S. District Judge David Bunning ruled that neither Kim Davis nor Rowan County are liable for attorney’s fees over the marriage license issue that began in 2015. Judge Bunning did overrule the Magistrate’s Findings and Recommendations that concluded the ACLU was not entitled to any attorney’s fees because the plaintiffs were not the prevailing party. Bunning found that the temporary preliminary injunction entitled the plaintiffs to attorney’s fees and went on to rule that the Commonwealth of Kentucky would be liable to pay the fees and costs, not Kim Davis or Rowan County.

“We are pleased that neither Kim Davis nor Rowan County are liable for attorney’s fees or costs,” said Mat Staver, Founder and Chairman of Liberty Counsel, who represented Kim Davis. “The part of the ruling that finds the plaintiffs were prevailing parties is contrary to the law because the legislature mooted the case by passing a law that provides for the precise religious liberty accommodation Kim Davis sought. While Kim Davis and Rowan County are not liable for fees and costs, neither is the Commonwealth of Kentucky, and this aspect of the ruling will be appealed,” Staver said. “The Magistrate correctly found that the plaintiffs were not the prevailing parties. That ruling is consistent with the Sixth Circuit Court of Appeals. Governor Matt Bevin’s executive order and the legislature mooted the case and prevents the plaintiffs from being prevailing parties. Without prevailing party status, there can be no attorney’s fees,” said Staver.

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