Holy Spirit Ass'n for the Unification of World Christianity v. Caughey

455 F. Supp. 1154, 1978 U.S. Dist. LEXIS 15875
CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 24, 1978
DocketCiv. No. 78-303
StatusPublished

This text of 455 F. Supp. 1154 (Holy Spirit Ass'n for the Unification of World Christianity v. Caughey) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holy Spirit Ass'n for the Unification of World Christianity v. Caughey, 455 F. Supp. 1154, 1978 U.S. Dist. LEXIS 15875 (M.D. Pa. 1978).

Opinion

OPINION

MUIR, District Judge.

I. Introduction.

Plaintiffs filed this case seeking preliminary and permanent injunctive relief against the Defendants, officials of Susquehanna Township, Dauphin County, Commonwealth of Pennsylvania, who had prohibited members of the Unification Church from soliciting in Susquehanna Township. On March 31, 1978, this Court held a hearing on the Plaintiffs’ request for a temporary restraining order and the same day issued such an order prohibiting Defendants Caughey and Trapnell, Susquehanna Town[1155]*1155ship officials, from carrying out acts in restriction of the rights of the Plaintiffs to distribute religious literature and solicit funds for the Unification Church within the township. Stipulations filed by counsel approved by the Court on April 7, 1978 and' May 10, 1978 resolved the issues of temporary and permanent injunctive relief. On May 23, 1978, the Plaintiffs filed a motion for counsel fees and filed a supporting brief on June 6, 1978. The Defendants filed a memorandum of law in opposition to the motion on June 16, 1978. A hearing relating to the issue of whether counsel fees should be awarded and, if so, what the reasonable amount of such fees should be, was held on August 17, 1978. The following constitute the Court’s findings of fact, discussion, and conclusions of law.

II. Findings of Fact.

1. Members of the Unification Church regularly engage in door-to-door canvassing and regularly go to places where the public gathers for the purpose of expressing their religious beliefs through the distribution of tracts, literature, and publications and through verbal discussion and for the purpose of soliciting for contributions to off-set such programs and to support other church programs. (Undisputed)

2. Shortly prior to December 12, 1977, Gary Abrahams, the Unification Church Team Leader responsible for activities in the Harrisburg area, attempted to obtain from various officials of Susquehanna Township permission for the above-mentioned church activities. He was unable to obtain any licensing or permission. (Undisputed)

3. On or about December 12, 1977, church member Frank Lagrotteria was arrested in Susquehanna Township and charged with “soliciting without a permit.” (Undisputed)

4. Plaintiff Scott H. Greene is a lay missionary of the Unification Church.

5. On or about December 18, 1975, Plaintiff Scott H. Greene visited various officials of Susquehanna Township for the purpose of reaching an agreement with the Township concerning the prosecution of Frank Lagrotteria and future permission for various members of the Church. (Undisputed)

6. At a meeting between Scott H. Greene and William C. Trapnell, Jr., Chief of Police of Susquehanna Township, and a Defendant herein, on or about December 18,1977, Chief Trapnell indicated that at an earlier time he had issued a memorandum to the Township Manager recommending that no further permits be issued to the missionaries of the Unification Church. (Undisputed)

7. A copy of this memorandum dated February 7, 1977 was subsequently made available to the Plaintiffs, which memorandum provided in pertinent part:

“I would respectfully request that the permit authorizing the solicitation by the Unification Church be dishonored and withdrawn, and that they be prohibited from ever soliciting in this township again. In the future, any requests coming to my attention from this organization will be denied, and effective this date, we will arrest all representatives caught soliciting, on view.” (Undisputed)

8. On or about December 18,1977, Scott H. Greene met with John A. Roe, Esq., solicitor for Susquehanna Township at his office at 101 North Front Street, Harrisburg, Pennsylvania, at which time Mr. Roe was provided with legal authorities sufficient to indicate to him that prosecutions brought against members of the church and prior citations which had been issued against members of the church by township officers were unconstitutional and illegal.

9. On or about December 18, 1977, John Á. Roe and Miles Caughey, Township Manager of Susquehanna Township, refused to assist Scott H. Greene in obtaining a permit for the Church. (Undisputed)

10. Scott H. Greene met with Miles A. Caughey on or about December 18, 1977, at which time Mr. Caughey expressed strong statements of distaste about the Unification Church and its activities. Mr. Caughey also recounted occasions in the past when the [1156]*1156Township had interfered with members of the Hare Krishna sect. He told Scott Greene that an appearance before the Board of Supervisors would be fruitless.

11. On or about March 27,1978, Scott H. Greene discussed the matter with William J. Peters, the new Solicitor of Susquehanna Township, spoke with Township Manager Caughey and informed them that the Church would be bringing legal action unless the Township’s position was changed. At that time, Mr. Caughey indicated that a meeting of the Township Commissioners would be held on Wednesday, March 29, 1978 at which the issue of issuing permits or permission to members of the Plaintiff sect would be discussed, but that he did not foresee any change in the township position.

12. When no positive response was forthcoming, on March 30, 1978, the complaint for injunctive and declaratory relief was filed in the above-entitled matter. (Undisputed)

13. On March 31, 1978, after hearing, this Court issued a temporary restraining order effectively prohibiting such interference except with regard to distribution by Plaintiffs of candy and other non-religious items.

14. On April 4, 1978, after negotiation, the parties agreed to a preliminary injunction expanding the temporary restraining order to include distribution of non-religious articles and on May 1, 1978, after further negotiation, the parties entered into a stipulation of counsel which was subsequently adopted by this Court in the Order of May 10, 1978 which stipulation ordered permanent full solicitation by Plaintiffs in Susquehanna Township subject to such restrictions as were set forth in said stipulation. (Undisputed)

15. The attorney for the Plaintiffs in the above-captioned matter is David A. Johnston, Jr.

16. Mr. Johnston is an individual practitioner with offices in Harrisburg, Pennsylvania.

17. Mr. Johnston has a normal hourly charge of $55.00 per hour which is in the usual range of fees charged by sole practitioners in the Harrisburg, Pennsylvania area. Mr. Johnston has charged $55.00 per hour for his services for the past 3V2 years.

18. Plaintiffs’ risk of eventual failure in this matter was not great.

19. There was no abnormal degree of complexity involved in the legal services performed by Plaintiffs’ counsel.

20. Mr. Johnston claims that a total of 58Vi hours of work was expended by him in this case up to and including May 16, 1978.

21. One of those hours represents time spent in an interview on WHP-TV, a Harrisburg television station.

22. Prior to the filing of this action, Mr. Johnston was supplied with documents from a prior lawsuit in which Scott H. Greene was a successful Plaintiff.

23. In the past, Mr. Johnston has conducted some civil rights litigation in federal court.

24. Mr.

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455 F. Supp. 1154, 1978 U.S. Dist. LEXIS 15875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holy-spirit-assn-for-the-unification-of-world-christianity-v-caughey-pamd-1978.