Lefemine v. Wideman

• Citation: 133 S.Ct. 9,81 USLW 4005,184 L.Ed.2d 313,81 USLW 3246
• Decision Date: 05 November 2012
• Docket Number: No. 12–168.,12–168.
• Parties: Steven LEFEMINE, dba Columbia Christians for Life v. Dan WIDEMAN et al.
• Court: United States Supreme Court

133 S.Ct. 9

184 L.Ed.2d 313

81 USLW 3246

81 USLW 4005

Steven LEFEMINE, dba Columbia Christians for Life

v.Dan WIDEMAN et al.

No. 12–168.

Supreme Court of the United States

Nov. 5, 2012.

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 (D.S.C.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 Lefemine'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 Lefemine'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).¹ The court reasoned that the relief awarded did not “ ‘alte[r] the relative positions of the parties' ”: The injunction prohibited only “unlawful, but not legitimate, conduct by the defendant[s],” and merely “ordered [d]efendants to comply with the law and safeguard [Lefemine's] constitutional rights in the future. No other damages were awarded.” Ibid. Lefemine sought a writ of certiorari 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, 113 S.Ct. 566, 121 L.Ed.2d 494 (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, 109 S.Ct. 202, 102 L.Ed.2d 1 (1988) ( per curiam ).

Under these established...