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LEFEMINE, dba COLUMBIA CHRISTIANS FOR LIFE v. WIDEMAN et al.

Supreme Court of the United States2012-11-05No. No. 12-168
568 U.S. 1184 L. Ed. 2d 313133 S. Ct. 92012 U.S. LEXIS 8566SCDB 2012-002

Summary

Holding. The Supreme Court vacated the Fourth Circuit's judgment and remanded the case, holding that Lefemine was a "prevailing party" under 42 U.S.C. § 1988 because the permanent injunction materially altered the legal relationship between the parties by removing the police officials' threat of sanctions and directly enabling him to conduct his intended demonstrations.

Steven Lefemine and members of his organization sought to conduct anti-abortion protests carrying graphic signs in South Carolina. Police officers threatened him with arrest if he continued, forcing him to abandon his demonstrations. Lefemine sued under federal civil rights law seeking monetary damages, an injunction, and attorney's fees. The district court found the police had violated his First Amendment rights and issued a permanent injunction prohibiting similar interference, but denied both damages and attorney's fees.

The Fourth Circuit upheld the denial of attorney's fees, reasoning that Lefemine was not a "prevailing party" because the injunction merely required the police to obey the law rather than materially altering the parties' relationship. The Supreme Court disagreed, holding that Lefemine was indeed a prevailing party because the injunction directly benefited him by eliminating the police threat that had prevented him from protesting. The Court therefore vacated the appellate decision and remanded the case.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a plaintiff who obtains an injunction but no monetary damages qualifies as a 'prevailing party' under the Civil Rights Attorney's Fees Awards Act
  • Whether an injunction ordering police to cease unconstitutional conduct materially alters the parties' legal relationship
  • Scope of relief required to establish attorney's fee eligibility in First Amendment civil rights cases

Procedural posture

Lefemine appealed to the Supreme Court after the Fourth Circuit affirmed the district court's denial of attorney's fees, despite the district court having found a First Amendment violation and issued a permanent injunction in his favor.

Authorities cited

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Cited by (3)

Opinion

majority opinion

Per Curiam.

This case concerns the award of attorney’s fees in a suit alleging unconstitutional conduct by government officials. The United States Court of Appeals for the Fourth Circuit held that a plaintiff who secured a permanent injunction but no monetary damages was not a “prevailing party” under 42 U. S. C. § 1988, and so could not receive fees. That was error. Because the injunction ordered the defendant officials to change their behavior in a way that directly benefited the plaintiff, we vacate the Fourth Circuit’s decision and remand for further proceedings.

* * *

Petitioner Steven Lefemine and members of Columbia Christians for Life (CCL) engage in demonstrations in which they carry pictures of aborted fetuses to protest the availability of abortions. On November 3, 2005, Lefemine and about 20 other CCL members conducted such a demonstration at a busy intersection in Greenwood County, South Carolina. Citing complaints about the graphic signs, a Greenwood County police officer informed Lefemine that if the signs were not discarded, he would be ticketed for breach of the peace. Lefemine objected, asserting that the officer was violating his First Amendment rights, but the threat eventually caused him to disband the protest. See Lefemine v. Davis, 732 F. Supp. 2d 614, 617-619 (SC 2010).

A year later, an attorney for Lefemine sent a letter to Dan Wideman, the sheriff of Greenwood County, informing him that the group intended to return to the same site with the disputed signs. The letter cautioned that further interference would cause Lefemine “‘to pursue all available legal remedies.’ ” Id., at 619. Chief Deputy Mike Frederick responded that the police had not previously violated Lefe-mine’s rights, and warned that “ ‘should we observe any protester or demonstrator committing the same act, we will again conduct ourselves in exactly the same manner: order the person(s) to stop or face criminal sanctions.’” Ibid. Out of fear of those sanctions, the group chose not to protest in the county for the next two years. See ibid.

On October 31, 2008, Lefemine filed a complaint under 42 U. S. C. § 1983 against several Greenwood County police officers alleging violations of his First Amendment rights. Lefemine sought nominal damages, a declaratory judgment, a permanent injunction, and attorney’s fees. See 732 F. Supp. 2d, at 620. Ruling on the parties’ dueling motions for summary judgment, the District Court determined that the defendants had infringed Lefemine’s rights. See id., at 620-625. The court therefore permanently enjoined the defendants “from engaging in content-based restrictions on [Lefemine’s] display of graphic signs” under similar circumstances. Id., at 627. The court, however, refused Lefe-mine’s request for nominal damages, finding that the defendants were entitled to qualified immunity because the illegality of their conduct was not clearly established at the time. See ibid. The court as well denied Lefemine’s request for attorney’s fees under § 1988, stating that “[u]nder the totality of the facts in this case the award of attorney’s fees is not warranted.” Ibid.

The Fourth Circuit affirmed the denial of attorney’s fees on the ground that the District Court’s judgment did not make Lefemine a “prevailing party” under § 1988. 672 F. 3d 292, 302-303 (2012). The court reasoned that the relief awarded did not “ ‘alte[rj the relative positions of the parties’ The injunction prohibited only “unlawful, but not legitimate, conduct by the defendants],” and merely “ordered [defendants to comply with the law and safeguard [Lefe-mine’s] constitutional rights in the future. No other damages were awarded.” Ibid. Lefemine sought a writ of cer-tiorari to review the Fourth Circuit’s determination that he was not a prevailing party under § 1988.

The Civil Rights Attorney’s Fees Awards Act of 1976, 90 Stat. 2641, 42 U. S. C. § 1988, allows “the prevailing party” in certain civil rights actions, including suits brought under § 1983, to recover “a reasonable attorney’s fee.” A plaintiff “prevails,” we have held, “when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” Farrar v. Hobby, 506 U. S. 103, 111-112 (1992). And we have repeatedly held that an injunction or declaratory judgment, like a damages award, will usually satisfy that test. See, e. g., Rhodes v. Stewart, 488 U. S. 1, 4 (1988) (per curiam).

Under these established standards, Lefemine was a prevailing party. Lefemine desired to conduct demonstrations in Greenwood County with signs that the defendant police officers had told him he could not carry. He brought this suit in part to secure an injunction to protect himself from the defendants’ standing threat of sanctions. And he succeeded in removing that threat. The District Court held that the defendants had violated Lefemine’s rights and enjoined them from engaging in similar conduct in the future. Contrary to the Fourth Circuit’s view, that ruling worked the requisite material alteration in the parties’ relationship. Before the ruling, the police intended to stop Lefemine from protesting with his signs; after the ruling, the police could not prevent him from demonstrating in that manner. So when the District Court “ordered [defendants to comply with the law,” 672 F. 3d, at 303, the relief given—as in the usual case involving such an injunction—supported the award of attorney’s fees.

Because Lefemine is a “prevailing party,” he “should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” Hensley v. Eckerhart, 461 U. S. 424, 429 (1983) (internal quotation marks omitted). Neither of the courts below addressed whether any special circumstances exist in this ease, and we do not do so; whether there may be other grounds on which the police officers could contest liability for fees is not a question before us. Accordingly, the petition for certiorari is granted, the judgment of the Fourth Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

The defendants did not appeal the District Court’s judgment that they had violated Lefemine’s First Amendment rights, so the Court of Appeals took as a given that a violation had occurred. See 672 F. 3d, at 299, n. 5.