No. 23-10

Miriam Brysk, et al. v. Henry Herskovitz, et al.

Lower Court: Sixth Circuit
Docketed: 2023-07-05
Status: Denied
Type: Paid
Amici (1)Response WaivedRelisted (2)
Tags: anti-semitism attorney-fees civil-rights civil-rights-statute due-process first-amendment free-speech judicial-bias synagogue synagogue-picketing
Key Terms:
SocialSecurity FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Sixth Circuit Court of Appeals improperly affirmed a decision by the United States District Court for the Eastern District of Michigan which awarded attorney fees, pursuant to 42 U.S.C. § 1988, in the amount of $158,721.75 to the defendant protesters who had been picketing a synagogue in Ann Arbor, Michigan, every Saturday morning, the Jewish Sabbath, starting in September, 2003, for then 19 years, using anti-Semitic signs, such as "Resist Jewish Power," "Jewish Power Corrupts," "No More Holocaust Movies," and the flag of Israel with the Jewish Star of David effaced, in conjunction with signs related to the Israeli-Palestinian conflict, to be paid jointly and se verally by the two Jewish plaintiffs, one of whom was a Holocaus t survivor, and against the Jewish attorney who had f iled the lawsuit in a good faith effort to obtain an injunction placing reasonable time, place, and manner restrictions on the anti-Semitic picketing directly in front of the synagogue.

2. Whether the Sixth Circuit Court of Appeals erroneously affirmed the decision by the United States District Court for the Eastern District of Michigan ruling that the claims which the plaintiffs pled in their First Amended Complaint, alle ging violations of 42 U.S.C. §§ 1981, 19 82, 1983, 1985(3), and 1986, were each frivolous, warranting an award of attorney fees against the plaintiffs and attorney pursuant to 42 U.S.C. § 1988 in the am ount of $158,721.75, where the plaintiffs cite d ample legal precedent in in the First Amended Complaint, and in their briefs, in support of each of the claims.

3. Whether the Sixth Circuit Court of Appeals improperly retaliated against the attorney representing the Holocaust survivor plaintiff because he raised the issue whether multiple rulings of the District Court judge, who is African -American, taken together in their entirety, evidenced a pervasive bias against the Jewish plaintiffs and the Jewish attorney, ba sed on a combina tion of anti -Semitic and/or anti -Israel, pro -Palestinian sentiments, whether conscious or subconscious.

Question Presented (AI Summary)

Whether the Sixth Circuit Court of Appeals improperly affirmed a decision awarding attorney fees to defendant protesters

Docket Entries

2023-11-20
Rehearing DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-27
2023-10-02
Petition DENIED.
2023-08-04
Motion for leave to file amici brief filed by National Jewish Commission on Law and Public Affairs, et al. (Distributed)
2023-07-19
DISTRIBUTED for Conference of 9/26/2023.
2023-07-14
Waiver of right of respondent Herskovitz, Harb, Saffold, List, Mark to respond filed.
2023-06-29

Attorneys

Herskovitz, Harb, Saffold, List, Mark
John Anthony SheaJohn A. Shea, Atty. at Law, Respondent
Miriam Brysk
Marc M. SusselmanAttorney at Law, Petitioner
National Jewish Commission on Law and Public Affairs (“COLPA”) and Other Jewish Organizations
Nathan LewinLewin & Lewin, LLP, Amicus