"The Defendants include the Dover Area School District (hereinafter "DASD") and Dover Area School District Board of Directors (hereinafter "the Board") (collectively "Defendants"). Defendant DASD is a municipal corporation governed by a board of directors, which is the Board."
"Defendants' actions in violation of Plaintiffs' civil rights as guaranteed to them by the Constitution of the United States and 42 U.S.C. ยง 1983 subject Defendants to liability with respect to injunctive and declaratory relief, but also for nominal damages and the reasonable value of Plaintiffs' attorneys' services and costs incurred in vindicating Plaintiffs' constitutional rights." "3. Because Plaintiffs seek nominal damages, Plaintiffs shall file with the Court and serve on Defendants, their claim for damages and a verified statement of any fees and/or costs to which they claim entitlement. Defendants shall have the right to object to any such fees and costs to the extent provided in the applicable statutes and court rules." If "nominal damages," attorneys' fees, and costs qualify as damages, there are damages. Jim Maule >>> [EMAIL PROTECTED] 12/20/2005 3:56:00 PM >>> Marc Stern wrote: > Were there any interveners? Might Discovery Institute intervene for > purposes of appeal? .During the fight over equal access, the Supreme > Court held in Bender v. Williamsport ASD,475 US 534 that a single > school board member did not have standing to appeal a decision to > allow religious clubs .A fortiori former members should lack standing, > unless ,perhaps they were sued in an individual capacity and held for > damages. > The Foundation for Thought and Ethics attempted to intervene but was denied. Discovery Institute did not attempt to intervene. This suit, as far as I know, was only against the school district as a whole, not against the individual members of the school board. There are no damages awarded and none asked for. So I can't imagine there is anyone with standing that could intervene at this point. The school board has said that they will not file an appeal of the case. Ed Brayton _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
