Couple asks judge to sanction Kim Davis’s legal team; trial date for damages could be set soon

It is the latest step in a legal battle that has stretched longer than seven years.
In this file photo, former Rowan County Clerk Kim Davis sits with David Moore and David Ermold...
In this file photo, former Rowan County Clerk Kim Davis sits with David Moore and David Ermold as Ermold filed his candidacy papers to run for the office in 2018.(WKYT)
Published: Dec. 30, 2022 at 11:06 AM EST
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LEXINGTON, Ky. (WKYT) - A Rowan County couple who sued Kim Davis over her refusal to grant them a marriage license now wants her team to pay their attorney fees for the latest appeal.

Attorney Michael Gartland of Lexington filed the motion Thursday on behalf of David Ermold and David Moore.

They are asking a judge to sanction Liberty Counsel and attorney Roger Gannam for what they call a “frivolous” appeal that “prolong[ed] the agony” of the case.

“The arguments made...were wholly without merit and essentially had no reasonable expectation of altering the district court’s summary judgment order based on law or fact,” the motion reads.

They are asking for sanctions of $21,675.01 to cover attorney costs stemming back to April.


In March, a federal judge ruled that Davis violated the couple’s constitutional rights by denying them a marriage license during the summer of 2015.

Davis’s legal team appealed.

At the time, they said they believed the case could wind up in front of the U.S. Supreme Court.

This week the U.S. Sixth Circuit Court of Appeals sent the case back to the U.S. District Court for the Eastern District of Kentucky.

The case is still expected to go to trial over the question of damages for violating the couple’s constitutional rights. That means a jury will ultimately have the final say on how much Davis might owe the couples and their attorneys.

An in-person status conference is scheduled for January 23 in federal court in Ashland. A trial date will likely be set during that conference.