[23-621] Lackey v. Stinnie

Lackey v. Stinnie Justia · Docket · oyez.org Argued on Oct 8, 2024. Petitioner: Gerald F. Lackey.Respondent: Damian Stinnie. Advocates: Erika L. Maley (for the Petitioner) Anthony A. Yang (for the United States, as amicus curiae, supporting the Petitioner) Brian D. Schmalzbach (for the Respondents) Facts of the case (from oyez.org) Under the so-called “American Rule,” each litigant pays their own attorney’s fees, regardless of whether they win or lose. However, certain statutes permit the payment of “a reasonable attorney’s fee” to “the prevailing party” in litigation; 42 U.S.C. § 1988 is one such statute, permitting the payment of attorney’s fees to parties that prevail in civil rights litigation. Several indigent Virginia residents challenged in federal court a state statute that required automatic suspension of the driver’s licenses of those who failed to pay certain court fines and fees. Finding the plaintiffs were likely to succeed on the merits of their case, the district court granted a preliminary injunction ordering the state to remove the plaintiffs’ suspensions. The state did not appeal the injunction, so the plaintiffs were able to drive again. Before the case could go to trial, the Virginia legislature repealed the statute. The plaintiffs then petitioned for attorney’s fees under Section 1988, but the district court rejected that request, citing a decision of the U.S. Court of Appeals for the 4th Circuit holding that a grant of a preliminary injunction does not render a plaintiff a “prevailing party.” The plaintiffs appealed. A panel of the U.S. Court of Appeals for the Fourth Circuit affirmed, but, on rehearing, the en banc 4th Circuit reversed.   Question Is a party who obtains a preliminary injunction a “prevailing party” for purposes of being entitled to attorney’s fees under 42 U.S.C § 1988?