Civil Rights: U.S. Supreme Court Reverses Fourth Circuit’s Refusal To Award Attorney’s Fees To Civil Rights Plaintiff Obtaining Injunctive Relief

 

Instead, Injunctive or Declaratory Relief Usually Will Materially Alter the Parties’ Relationships.

     The United States Supreme Court, in a unanimous, per curiam summary decision (no merits briefing/no oral argument), reversed the Fourth Circuit Court of Appeals’ denial of attorney’s fees in a case where a plaintiff won injunctive relief (but not even nominal damages) in a civil rights case involving violation of First Amendment protester rights.

     Under 42 U.S.C. § 1988, winning plaintiffs generally obtain an award of fees under situations where the victories produced some material alteration of the parties’ relationships. That happened in Lefemine v. Wideman, Case No. 12-168, 2012 WL 5381602 (U.S. Nov. 5, 2012), where a protester won a First Amendment rights suit by obtaining a permanent injunction. The Supreme Court found that injunctive or declaratory relief generally does materially alter the relationship between the parties, with the injunction requiring the police to comply with laws amply supporting a fee award.

Supreme Court Justices’ wives attend breakfast in honor Of First Lady.  April 25, 1938.  Library of Congress.