IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

3RD DIVISION
M. KENDALL WRIGHT, et al PLAINTIFF
VS. NO. 60 CV-13-2662
THE STATE OF ARKANSAS, et al DEFENDANTS
RESPONSE TO PLAINTIFFS MOTION FOR ATTORNEYS FEES
Come now the Separate White, Lonoke, Washington, Conway and Saline County Clerk
Defendants, White County Clerk Cheryl Evans, Lonoke County Clerk William Larry Clarke,
Washington County Becky Lewallen, and Conway County Clerk Debbie Harman, in their official
capacities (referred to collectively herein as the Separate White, Lonoke, Washington, Conway, and
Saline County Clerk Defendants), and for their response to the motion for attorneys fees filed by
the Plaintiffs counsel:
I. INTRODUCTION
The Plaintiffs attorneys have moved for reimbursement of their attorneys fees and costs,
presumably by the Defendants. The Plaintiffs cite no legal basis for such an award by the Court and
provide no factual support for their request. Since no legal or factual bases exist to support the
Plaintiffs attorneys motion for fees and costs, the Separate White, Lonoke, Washington, Conway,
and Saline County Defendants respectfully request the denial of Plaintiffs Attorneys Motion for
Attorneys Fees.
II. ARGUMENT
A. No Legal Basis for Fees/Costs Award
1. No Fee-Shifting Statute
Plaintiffs motion for attorneys fees asserts only (1) that the Plaintiffs won and (2) that
they should, therefore, receive reimbursement of their attorneys fees (presumably by the Defendants,
although that is not expressly stated). That is not the law, however, as the clearly established law
of attorneys fees holds that attorney's fees are not allowed in Arkansas unless expressly authorized
ELECTRONICALLY FILED
2014-Jun-03 15:59:34
60CV-13-2662
C06D02 : 3 Pages
by statute. Elliott v. Hurst, 307 Ark. 134, 817 S.W.2d 877 (1991); Shelter Mut. Ins. Co. v. Kennedy,
347 Ark. 184, 189, 60 S.W.3d 458, 462 (2001). Plaintiffs attorneys do not cite any statute in
support of their claim for attorneys fees and no supporting statute exists.
In its Amended, Substituted, and Final Order, the Court did not find any civil rights
violations by any of the Defendants and did not find for the Plaintiffs under the Arkansas Civil
Rights Act or 42 U.S.C. 1983. Both of those statutes require a civil plaintiff
2. Plaintiffs Did Not Seek or Recover Any Damages
The fact that the Plaintiffs did not seek, allege prove, or recover any damages in this
action corroborates the fact that they did not prevail under section 1983 or the ARCA.
WHEREFORE, the Respondents respectfully request that the Petitioners Motion for
Attorneys Fees be denied.
Respectfully submitted,
White County Clerk Cheryl Evans, Lonoke County
Clerk William Larry Clarke, Conway County Clerk
Debbie Hartman, Faulkner County Clerk Melinda
Reynolds, Washington County Clerk Becky Lewallen,
Saline County Clerk Doug Curtis, and their successors
in interest, in their official capacities,
Separate White, Lonoke, Washington, Conway and
Saline County Clerk Defendants
RAINWATER, HOLT & SEXTON, P.A.
P.O. Box 17250
6315 Ranch Drive
Little Rock, Arkansas 72222-7250
Telephone (501) 868-2500
Telefax (501) 868-2505
email:owens@rainfirm.com
By: /s/Jason E. Owens
Michael R. Rainwater, #79234
Jason E. Owens, #2003003
CERTIFICATE OF SERVICE
I hereby certify that on the 3 day of June, 2014, I electronically filed the foregoing with the
rd
Clerk of the Court using the Arkansas Judiciary Electronic Filing system, and I am mailing a copy
by U.S. Mail, postage prepaid to the following:
Ms. Cheryl K. Maples
ckmaples@aol.com
Mr. Jack Waggoner III
jack@wagonerlawfirm.com
Mr. Colin Jorgensen
colin.jorgensen@arkansasag.gov
Mr. David Fuqua
dfuqua@fc-lawyers.com
Angela Mann
angela@wagonerlawfirm.com
Keith Pike
keith@wagonerlawfirm.com
/s/ Jason E. Owens
Jason E. Owens
EQCF_128