Steven Lefemine, Dba Columbia Christians for Life v. Dan Wideman et al. (568 U.S. 1)
U.S. Supreme Court · decided November 5, 2012 · Supreme Court Database (Spaeth)
- Citation
- 568 U.S. 1 · 133 S. Ct. 9
- Decided
- November 5, 2012
- Term
- October Term 2012
- Vote
- 9–0
- Issue area
- Attorneys
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
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…
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