Cliburn v. Police Jury Ass'n of Louisiana, Inc.

Appellant David Cliburn filed an ERISA claim against Appellee Police Jury Association of Louisiana, Inc. The suit was dismissed for lack of subject matter jurisdiction, on the grounds that Cliburn sought participation in a “governmental plan” not covered by the statute. See 29 U.S.C. §§ 1002(32); 1003(b). Cliburn does not appeal from this dismissal. Following dismissal, the Police Jury Association requested attorneys’ fees, costs, and expenses under a provision of ERISA which states: “In any action under this subchapter (other than an action described in paragraph (2)) by a participant,…