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Asheville – A federal judge has awarded more than $1.79 million in attorney fees and expenses to a Cherokee County father illegally separated from his daughter by the Department of Social Services.
Chief U.S. District Judge Martin Reidinger granted $1,789,290 in fees and an additional $5,015.56 in expenses for a group of attorneys representing Brian Hogan and his daughter. Reidinger separately awarded an attorney $48,685 in fees and $39 in expenses for her services as guardian ad litem for Hogan’s daughter as part of his Feb. 21 decision.
The ruling comes on top of the $4.6 million already awarded to Hogan and his daughter by a jury last year.
“The plaintiffs’ attorneys received an excellent result for their clients,” the court said in its conclusion. “These attorneys also have brought to light issues of public importance in prosecuting this case by exposing an unlawful and unconstitutional practice of removing children from their parents without judicial oversight.”
The plaintiffs had asked for $3,882,654.61 in attorney fees and expenses.
In May 2021, a jury awarded $1.5 million to Hogan and another $3.1 million to his daughter, who were separated years earlier through the use of illegal custody and visitation agreements. The jury determined former DSS director Cindy Palmer and former county and DSS attorney Scott Lindsay acted in a “grossly negligent manner,” violating the father’s and daughter’s due process rights.
Hogan was among almost two dozen individuals who filed a lawsuit against Cherokee County, DSS, Lindsay and Palmer over the use of CVAs. Cherokee County DSS used the agreements to illegally take custody of children outside of a courtroom, providing no legal representation for the parents or the children as required by North Carolina law.
Cherokee County approved a $4 million settlement with Molly Cordell on Dec. 6, avoiding a trial that was expected to begin early this year. She and her younger sister, Heaven, were illegally separated from their family by Cherokee County DSS workers in 2016. Heaven Cordell also agreed to settle all claims against Cherokee County and DSS personnel last year for $450,000.
In addition to Lindsay’s criminal case, there are still about 20 lawsuits to be heard in the matter.