From Rowan County, Ky. The Federal District Court today concluded that the elected county clerk for Rowan County was a state actor and not a county actor when she determined that despite federal law, she would not issue marriage licenses to same sex couples. The Court also granted attorneys fees to the Plaintiffs. The Court's analysis of 6th Circuit precedence on the issue of whether an official is a state or county official is quite extensive and provides a nice framework for analyzing those issues. I've quoted the conclusion from the opinion:
IV. CONCLUSION
Accordingly, for the reasons stated herein,
IT IS ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge
(Doc. # 199) is hereby REJECTED as the findings of fact and conclusions of law of the Court;
(2) Plaintiffs' Objections (Doc. # 201) are hereby SUSTAINED as set forth herein;
(3) Plaintiffs' Motion for Attorneys' Fees and Costs (Doc. # 183) is hereby
GRANTED as follows:
(a) Plaintiffs are awarded $222,695.00 in attorneys' fees; and
(b) Plaintiffs are awarded $2,008.08 in costs; and
(4) This matter is hereby STRICKEN from the Court's active docket. This 21st day of July, 2017.
K:\DATA\ORDERS\Ashland Civil\2015\15-44 1988 Attys Fees Order.docx
Miller v. Davis, No. 15-44-DLB, 2017 U.S. Dist. LEXIS 113637, at *78-79 (E.D. Ky. July 21, 2017)
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
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Plan ahead:
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)
To register, go to: http://imla.org/events/conferences#registration
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC