The question
Whether plaintiffs who obtain only a preliminary injunction before their case becomes moot qualify as "prevailing parties" eligible for attorney's fees under 42 U.S.C. 1988(b).
Lackey v. Stinnie
What the Court decided
The Court reversed the en banc Fourth Circuit and held that the plaintiff drivers do not qualify as "prevailing parties" eligible for attorney's fees under 42 U.S.C. 1988(b). The drivers won only a preliminary injunction before Virginia repealed the challenged license-suspension statute and the case was dismissed as moot. A preliminary injunction does not make a party "prevailing" because no court conclusively resolved the claims by granting enduring, merits-based relief that materially altered the legal relationship between the parties.
How the justices split
7-2The Court's opinion
Roberts, joined by Thomas, Alito, Kagan, Gorsuch, Kavanaugh, Barrett
A party prevails under Section 1988(b) only when a court grants enduring judicial relief on the merits that materially alters the legal relationship between the parties. A preliminary injunction does not qualify because it only reflects a likelihood of success and preserves the status quo pending trial, and external events that moot a dispute do not convert that temporary order into a conclusive adjudication. The drivers, who obtained only a preliminary injunction before the case became moot, are therefore not prevailing parties eligible for fees.
Dissenting
Jackson, joined by Sotomayor
Jackson filed a dissenting opinion, joined by Sotomayor, disagreeing with the Court's conclusion that plaintiffs who obtain preliminary injunctive relief before a case becomes moot cannot be prevailing parties under Section 1988(b).
How we know · 5 sourced claims
Drivers whose licenses were suspended under a Virginia statute for failure to pay court fines sued the Commissioner of the Virginia DMV under 42 U.S.C. 1983, challenging the statute as unconstitutional.
Source: syllabus, Held
The District Court granted a preliminary injunction against enforcement, and before trial the Virginia General Assembly repealed the statute and required reinstatement of suspended licenses, after which the parties agreed to dismiss the case as moot.
Source: syllabus, Held
The Court held that plaintiffs who gained only preliminary injunctive relief before the action became moot do not qualify as prevailing parties eligible for attorney's fees under 42 U.S.C. 1988(b).
Source: syllabus, Held
A party prevails under Section 1988(b) only when a court grants enduring judicial relief that materially alters the legal relationship between the parties, and a preliminary injunction does not conclusively decide the case on the merits.
Source: syllabus, Held
Roberts delivered the opinion of the Court, joined by Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, and Jackson filed a dissent joined by Sotomayor.
Source: syllabus, lineup