Plain-English summary
Court rules plaintiffs who obtained only preliminary injunctions before cases became moot are not 'prevailing parties'—n
The Supreme Court held that plaintiffs who obtained only preliminary injunctive relief, and whose cases later became moot before a final merits decision, are not "prevailing parties" eligible for attorney’s fees under 42 U.S.C. §1988(b). The Court reversed the Fourth Circuit and remanded for further proceedings consistent with this rule.
Why this matters
This ruling narrows when civil-rights plaintiffs can recover attorney’s fees under §1988, limiting fees to situations where a court has issued a conclusive, enduring ruling in the plaintiff’s favor. That affects incentives for litigating constitutional and civil-rights claims and how governments and private parties negotiate and litigate when preliminary relief is sought.
Who may feel it
- Civil-rights plaintiffs and their attorneys seeking fee awards under 42 U.S.C. §1988
- States and local governments and public officials who may face fee claims
- Private parties involved in constitutional or civil-rights litigation that may become moot after preliminary rulings
Key questions
- Does a party need a conclusive merits ruling in its favor (rather than just a likelihood of success) to be a "prevailing party" under 42 U.S.C. §1988(b)?