Politics & Government
State's Appeal in Dearborn Probation Officer Lawsuit Denied
City may be forced to pay up after failed appeal of the $463,820 awarded to former 19th District Court officer Simone Calvas.
The Michigan Court of Appeals denied an appeal hearing request made by the attorney general's office in a lawsuit filed by a former employee of Dearborn's –a decision that could mean the city of Dearborn has to pay her award.
Simone Calvas, a former probation officer with the court, for a lawsuit against the court and Chief Judge Mark Somers. In August, Judge Jeanne Stempien ruled that Calvas was entitled to reimbursement of attorney fees in the amount of $133,545.99.
The attorney general's office filed motions to appeal both judgments, but one was denied, in part, because of timeliness.
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Court of Appeals Chief Judge William B. Murphy wrote in a decision issued Sept. 21:
"The Claim of appeal is not timely with respect to the June 20, 2011, judgment because defendant-appellant's motion for postjudgment relief was not filed within 21 days of the entry of the final judgment."
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Judge Murphy, however, approved the motion to appeal the attorney fees and costs, based on a complaint that the $350-per-hour rate for Calvas' attorney was too high. A date for that hearing has not been set.
Calvas' attorney, Jim Fett of Pinckney-based Fett & Fields, P.C., said Friday it is his understanding that the delay in filing the appeal was because the attorney general's office "thought the case was on hold."
Fett explained that although they can ask the court to grant them leave and approve the appeal, "it's a long shot."
"It’s statistically a fact that the Court of Appeals does not grant relief from these type of orders very often," Fett said.
If the denial of appeal stands, the city of Dearborn will be responsible for paying the full award to Calvas.
Fett doubts the appeal that is centered on his rate of pay will be successful, either. In a 2007 lawsuit, Fett's client was awarded attorney fees based on the same rate.
"I doubt they'd think any differently in 2011," he said.
Calvas' lawsuit centered on an argument that she was wrongfully terminated in 2007 from her position as a probation officer with the court. Chief Judge Somers claimed her termination was due to inadequacies in her work. The jury, however, found in June that Somers did not have just cause when he fired Calvas.
City officials and the attorney general's office were not immediately available for comment.
Correction: The original amount reported for attorney fees awarded to Simone Calvas–$350,000–was incorrect. The correct amount is $133,545.99.