VALDOSTA – Arguments were heard Monday in a hearing to determine whether the parents of Kendrick Johnson and their attorney will be required to pay nearly $900,000 in attorney’s fees related to multiple civil suits filed by the family, including a $100 million civil suit voluntarily dropped in March.
Kenneth and Jacqueline Johnson filed the $100 million civil suit in January 2015, which alleged local FBI agent Rick Bell, his two sons and 35 state and local officials either directly caused or covered up the cause of their son’s death.
The body of Kendrick Johnson was found upside down in a vertically-stored gym mat at Lowndes High School in January 2013. A state autopsy ruled the 17-year-old’s death accidental. The Johnson family insists their son died of foul play.
The Johnsons dismissed their civil with the intention of refiling at a later date. Since the dismissal, former defendants named in the suit have filed to recover nearly $900,000 in attorney’s fees from the family.
During Monday’s hearing, lawyers representing individuals from the Lowndes County Sheriff’s Office, the Lowndes County Board of Education, the City of Valdosta, the Bell family and Owens Transport presented arguments before the court claiming the Johnson’s lawsuit against them was without factual merit and was substantially frivolous.
Chevene King, the lawyer representing the Johnsons, argued his clients filed the civil suit in good faith.
After hearing arguments from both sides, the judge in the case said he has taken the arguments under advisement and has granted King until Monday morning to file any supplemental briefs. A decision will then be made whether the Johnsons will be required to pay the former defendants’ attorneys’ fees.
If judge rules in favor of paying the fees, another hearing will be set for August 22 to determine the exact amount.
The Johnsons have until next month to refile their $100 million civil suit, however, suits filed against defendants from the Lowndes County School Board cannot be refiled. A deadline to refile those suits passed in May.
In June, the Department of Justice ended a nearly three year investigation in to Johnson’s death and determined there was insufficient evidence to support federal criminal charges.
