DOJ Opposes $2.2M Fees for Ayahuasca Church
America ı By Rihem Akkouche
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The DOJ suggested that, if fees are awarded, they should not exceed $399,443, with costs capped at $6,168. It also contested the fees related to the church's Freedom of Information Act (FOIA) claims, asserting that much of the requested information was going to be released regardless. Therefore, the church should only receive $16,370 for FOIA-related fees.
Dispute Over Multiplier and Attorney Performance
The government also challenged the 1.5 multiplier lodestar, arguing that the attorneys performed competent rather than exceptional work. The settlement, they said, resulted from information that would have surfaced in regular administrative proceedings.
DOJ Ayahuasca Church $2.2M Fees : Church's Rebuttal
Gilbert Paul Carrasco, representing the church, criticized the government's stance as "untenable" and warned that it could discourage civil rights litigants from settling before trial. He argued that the plaintiffs achieved their goal of practicing their religion freely, which justifies the attorneys' fees under federal fee-shifting statutes.
"This positive outcome would not have been possible but for an excellent legal team working tirelessly to represent honorable and devout plaintiffs," Carrasco said.
Representatives for the government could not be immediately reached for comment.
Legal Representation
CEC is represented by Gilbert Paul Carrasco, Ismail L. Ali, Jack Silver, Martha J. Hartney, and Sean T. McAllister. The government is represented by Giselle Barcia of the DOJ's Civil Division.
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