Lackey v. Stinnie (Section 1983 Fees)

Send us Fan MailIn Lackey v. Stinnie, the Supreme Court held that plaintiffs who secure only preliminary injunctive relief before their case becomes moot do not qualify as "prevailing parties" entitled to attorney’s fees under 42 U.S.C. §1988(b). Virginia drivers challenged the constitutionality of a law suspending licenses for unpaid court fines. After a district court granted a preliminary injunction, the Virginia General Assembly repealed the law, and restored licenses -- making the case moot. Writing for the Court, Chief Justice Roberts explains that preliminary injunctions do not constitute enduring, merits-based relief because they are temporary and do not resolve the case. The ruling reinforces prior precedents, including Buckhannon Board & Care Home v. West Virginia DHHR and Sole v. Wyner, requiring a judicially sanctioned, enduring change in the legal relationship between parties to qualify for attorney’s fees. The Court also notes that this decision does not apply to consent decrees, since that does provide lasting relief that's sanctioned by a court. The Court reverses the Fourth Circuit's en banc decision, emphasizing a bright-line rule to ensure clarity in fee disputes. Chief Justice Roberts writing for the majority, joined by Justices Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett. Justice Jackson filed a dissenting opinion, which was joined by Justice Sotomayor. Support the show