Originally Posted by
Boggie Dog
ACUL filed suit. Had no agreement (settlement) been reached would not a trial have happened?
Nope-- this one would have been all for the judges. Why? Just a matter of what the ACLU asked for:
a. Declare that the actions of Defendant’s agents described in this Complaint violated Plaintiff’s rights under the Fourth Amendment to the United States Constitution and exceeded her statutory authority;
Only a judge can declare something unconstitutional.
b. Permanently enjoin Defendant, her officers, agents, servants, employees, and all persons in active concert or participation with her who receive actual notice of the injunction, from authorizing or conducting suspicionless pre-flight searches of passengers or their belongings for items other than weapons and explosives;
No jury needed here . . . not a question of fact-- a legal question.
c. Award to Plaintiff his reasonable attorneys’ fees, costs, and expenses of litigation; and
The decision to award costs and in what amount lies with the judge.
d. Order such other relief as the Court may deem just and proper.
For the judge.
Had the ACLU asked for damages of some sort, there would have been a triable issue namely, how much should the award be. But in this case, the prayer for relief doesn't ask for anything that would require a trial.