Firm Convinces Plaintiffs to Drop Civil Rights Lawsuit

One of Fulcher Hagler’s partners, Scott Kelly, recently collaborated with another attorney to negotiate the dismissal of a federal lawsuit filed against a county election official and a county board of education. The plaintiffs, who were represented by Atlanta counsel, filed a lawsuit in the United States District Court for the Southern District of Georgia alleging violations of their civil rights and the Voting Rights Act of 1965. In particular, the plaintiffs’ suit alleged the defendants had not followed the law in filling certain vacancies on the board of education and that the defendants’ actions had a racially discriminatory effect.

Although the defendants had strong arguments against the plaintiffs’ claims, securing a favorable outcome in court would be expensive in terms of time and financial resources, not to mention the aggravation to the defendants. Realizing these concerns, Mr. Kelly and the school board’s attorney arranged a conference with plaintiffs’ attorney before any responsive pleadings were due. The conference was conducted in a professional manner by all involved. Moreover, as a direct result of the discussion at the conference, the plaintiffs dismissed their suit. The defendants did not even have to file any pleadings.

Mr. Kelly was delighted to inform the county’s insurer of the impending dismissal and the fact they would not have to incur any expense whatsoever. Yet he found even greater joy informing the firm’s clients of this outcome because they were the ones who were spared what was sure to have been a highly-publicized legal dispute.