Court Tentatively Holds High School Student Not Liable For Teacher's Attorneys' Fees

While high school student Chad Farnan was found liable for court costs in the aftermath of his lawsuit against his high school history teacher who he accused of making anti-Christian remarks (see prior posting), in a preliminary ruling last Friday a Californa federal court concluded that he is not liable for his teacher's $378,000 of attorneys' fees. According to yesterday's Orange County Register, the court held that Farnan's suit was not a frivolous, baseless or vexatious claim justifying an award of attorneys fees under 42 USC Sec. 1988. (Background.) In the suit, the court found that one remark by the teacher violated the Establishment Clause, but Farnan was entitled to neither damages nor injunctive relief. A hearing was scheduled for yesterday for the parties to respond to the proposed decision on fees before the court finalizes its opinion.