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[Phys-L] Re: judge rejects i.d. in PA case (fwd); appeal



In order who is assissed damages, you have to read the complaint
which is, I think, on the web. If the nominal target is the board, the
board may have an action against the individual members for recoupment.
In my own school district, the Board is insured, so the plaintiffs and
their attorneys would end up getting paid by the insurance company who
could move for recoupment. So (1) read the complaint, and (2) stay tuned.
Regards,
Jack

On Fri, 23 Dec 2005, John Clement wrote:

The big question is; Who pays for the damages? If the damages come out of
the school system budget, then the plaintiffs may want to forgo all but the
attorney fees. OTOH if the individuals on the school board can be held
financially responsible, then they may wish to continue to fight. Once the
individuals are responsible and are held liable for payment, future similar
actions by school boards would be extremely discouraged. I do not think
that making the community pay will discourage future elections of ID
proponents to school boards. The ID proponents seem to be quite willing to
waste taxpayer money to achieve their agenda. After all, they could have
foreseen this outcome, but maybe they were stupid enough to think they could
cover lying when there were witnesses to the actual discussions.

If the former school board presses an appeal, I would think the current
school board could simply vote against this. They could cut off the public
money for appeals, and make the old board members financially accountable
from that point on. Perhaps someone with a better grasp of applicable law
could shed some light on this. Of course, it is possible that the issue of
financial accountability may be uncertain, or subject to obscure particular
local and state statutes.

John M. Clement
Houston, TX

Hi all-
Bob Park points out today that the judge said that the people who
brought the suit are entitled to damages (which I read as including
attorney's fees), so the judge is practically guaranteeing that there will
be an appeal.
Regards,
Jack


--
"Trust me. I have a lot of experience at this."
General Custer's unremembered message to his men,
just before leading them into the Little Big Horn Valley
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