Lackey v. Stinnie
Case Overview
Lackey v. Stinnie held that plaintiffs who obtained a preliminary injunction but whose case was mooted before a final judgment on the merits do not qualify as 'prevailing parties' entitled to attorney fees under 42 U.S.C. Section 1988. The Court distinguished between the temporary, interlocutory nature of a preliminary injunction and the durable, merits-based judicial relief that courts have recognized as conferring prevailing party status. The ruling limits fee recovery for plaintiffs whose victories are cut short by legislative changes.
The Facts
Virginia suspended the driver's licenses of motorists who owed court fines or fees under a statute later challenged as unconstitutional. Plaintiffs Stinnie and others obtained a preliminary injunction restoring their licenses pending litigation. Before a final decision on the merits, Virginia repealed the challenged statute, mooting the case. Plaintiffs then sought attorney fees as prevailing parties.
The Application
Although plaintiffs obtained the practical relief they sought through the preliminary injunction—restoration of their driver's licenses—the court held that interlocutory relief does not confer prevailing party status under Section 1988. The critical distinction turned on durability: when Virginia repealed the statute before final judgment, the preliminary injunction became merely temporary relief unanchored to any lasting judicial resolution on the merits. Prevailing party status, the court reasoned, requires either a final judgment or consent decree that effects a durable change in the parties' legal relationship, which a preliminary injunction—by its nature temporary and subject to reversal—cannot provide.
The Conclusion
**The Court affirmed.** Chief Justice Roberts wrote for a 7-2 majority. Sotomayor and Gorsuch dissented, arguing that plaintiffs who secure the practical relief they sought through judicial action should qualify as prevailing parties regardless of whether the case reaches final judgment.
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