On October 13, 2010, Judge Means of the Northern District of Texas issued an order in Smith v. Tarrant County College (pdf available here) awarding Plaintiffs over $230,000 in attorney’s fees. Plaintiffs had sued Tarrant County College under 42 U.S.C. § 1983, alleging that several of TCC’s rules and regulations regarding speech were unconstitutional. “Specifically, Plaintiffs alleged that TCC’s rules and regulations violated their right to free speech under the First Amendment to the United States Constitution by denying them the ability to conduct ‘empty-holster protests’ [i.e., protests relating to concealed carry laws] and restricting their other efforts at promoting their cause on campus (e.g., handing out leaflets) to a designated ‘free-speech zone.’”
After conducting a bench trial, Judge Means agreed with Plaintiffs (in large part), and, by a prior order, held that the rules denying Plaintiffs the right to wear empty holsters on campus and to pass out leaflets in classrooms and in hallways were unconstitutional. Judge Means permanently enjoined defendants from enforcing such rules. In the instant order, Judge Means awarded Plaintiffs their attorney’s fees as they were the “prevailing parties” in the case. Judge Means’ order contains an in-depth summary of the law concerning attorney’s fees in the Fifth Circuit, including a detailed explanation of the “lodestar” method for awarding attorney’s fees.
Plaintiffs are represented by Karin Knowles Cagle, of Kirkley & Berryman LLP; David Broiles, of the Law Offices of David Broiles; and Fleming Terrell and Lisa Graybill, of the ACLU Foundation of Texas.
Tarrant County College is represented by Angela Robinson, of Law Snakard & Gambill.