Thursday, May 24, 2007

Attorneys' fee petition denied for jailer acquitted of federal perjury charge

In Hicks v. U.S. Attorneys Office, Chief Judge Jones of the W.D. Va. denied the petitioner's claim for attorneys' fees under the Hyde Amendment, concluding that notwithstanding the petitioner's acquittal on the perjury and obstruction of justice charges brought against him related to his testimony in a civil case, the charges were not "vexatious, frivolous, or brought in bad faith."

In the civil case of Stiltner v. Crouse, Judge Jones granted summary judgment for the defendants, including Hicks, in connection with the wrongful death case brought in connection with the death of a woman who had held in custody at the jail in Buchanan County.

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