Statutory Interpretation – WEAJA – Fee Award

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WI Court of Appeals – District I

Case Name: M. Samir Siddique v. Board of Regents University of Wisconsin System, et al.

Case No.: 2017AP1443

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Statutory Interpretation – WEAJA – Fee Award

Samir Siddique appeals an order denying his motion for costs and attorney fees under the Wisconsin Equal Access to Justice Act (WEAJA), WIS. STAT. § 814.245 (2015-16).

This case arises from Siddique’s conduct in the wake of a University of Wisconsin-Milwaukee (UWM) student government election in 2013 and sanctions that were imposed upon him for that conduct. Siddique appealed the imposition of the sanctions and when his appeals were denied, he commenced this action against the Board of Regents University Wisconsin System (the Board) and individuals associated with UWM in the Milwaukee County Circuit Court alleging three causes of action: (1) judicial review of the administrative decision imposing the sanctions; (2) civil rights violations; and (3) public records violations. While the action was pending, UWM voluntarily voided the sanctions and the action was dismissed as moot. Siddique challenges the trial court’s determinations that pursuant to the WEAJA he was not a prevailing party and that the Board was substantially justified in taking its position.

We conclude that because Siddique was not a prevailing party under the WEAJA he was not entitled to an award of fees under that statute. Therefore, we affirm.

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.