ACLU Not Entitled to Attorney Fees in Kim Davis Case

Nov 4, 2016

ASHLAND, KY – Liberty Counsel filed an opposition response to the plaintiffs’ motion request for attorney’s fees in the case of Rowan County Clerk Kim Davis, who won her fight for religious freedom after a federal judge issued an order dismissing all three 2015 marriage license lawsuits against her.

The plaintiffs in Miller v. Davis fall far short of satisfying the applicable prevailing party standard in the Sixth Circuit and thus are not entitled to an award of attorney’s fees. Despite the ACLU’s attempt to continue the case against Kim Davis and assess damages against her, the federal district court dismissed the case, closed the files and ordered all the pending cases to be removed from the docket.

“The ACLU is not entitled to attorney’s fees according to the prevailing standard in the Sixth Circuit,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Kim Davis won the case and the case is closed. County clerks are now able to perform their public service without being forced to compromise their religious liberty. The door has been shut on the ACLU’s attempt to assess damages against Kim Davis. Kim is a fiscally responsible elected official who is fulfilling her duty to protect public funds in this case. This is a ‘Hail Mary' attempt by the ACLU because the cases were already dismissed and closed. I do not think they have a prayer,” said Staver. 

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

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