BISMARCK -- The U.S. 8th Circuit Court of Appeals has upheld an award of attorney fees and costs to abortion picketers who sued the city of Fargo and one of its police officers over a now-repealed city ordinance.
The decision is the latest development in a 12-year-old case. The court said it should be the last.
"It is now time to end this litigation," said a three-judge panel of the court.
The case began after several people, including Gilbert Copper and Adele Norberg, were arrested in 1991 for picketing abortion clinic worker Lynn Gifford's house in south Fargo. The city had adopted a ban on residential picketing.
The two sued the city of Fargo and police officer Kevin Niemann for violating their First, Fourth and 14th Amendment rights. After a U.S. District Court trial, each was awarded $1 in damages from Niemann, but their cases against the city were dismissed.
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After an appeal and another trial, the 8th Circuit ruled there should not have been a second trial, reinstated the original $1 damage and ordered attorneys' fees be determined and awarded.
After the district court awarded $42,706 in attorneys' fees and costs of $3,450 to Copper and Norberg, Niemann appealed, saying the district court had erred.
The 8th Circuit said in its June 20 decision Niemann's arguments against the fees are "for the most part frivolous" and affirmed the district court's decision on fees and costs.
Readers can reach Forum reporter Janell Cole at (701) 224-0830
