Comments on: Amended Complaint: More Dascola Filings http://annarborchronicle.com/2014/05/12/amended-complaint-more-dascola-filings/?utm_source=rss&utm_medium=rss&utm_campaign=amended-complaint-more-dascola-filings it's like being there Tue, 16 Sep 2014 04:56:38 +0000 hourly 1 http://wordpress.org/?v=3.5.2 By: Mark Koroi http://annarborchronicle.com/2014/05/12/amended-complaint-more-dascola-filings/comment-page-1/#comment-309506 Mark Koroi Thu, 15 May 2014 00:32:32 +0000 http://annarborchronicle.com/?p=136520#comment-309506 In clarifying the basis of attorney fees award. Tom Wieder has cited 42 USC 1988.

This is the Civil Rights Attorney Fees Awards Act of 1976 that was created by an Act of Congress to encourage effective access by private ordinary citizens to address abridgements of rights guaranteed under the U.S. Constitution.

Under 42 USC 1988, the court has the broad discretion to award costs and attorney fees incurred by a prevailing civil rights plaintiff and the court will deny an award only in extraordinary cases. This provision gave the ACLU great leverage against the AATA to resolve the “Boycott Israel” bus sign litigation.

Postema is seeking an award of legal fees against Mr. Dascola in his Motion to Dismiss.

The prestige of the City Attorney’s Office is on the line to prevail against Mr. Dascola and obtain a dismissal of the federal court action.

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