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Lackey v. Stinnie

Docket No.23-621
Op. Below4th Cir.
ArgumentOct 8, 2024

Holding

Plaintiffs who gained only preliminary injunctive relief before this action became moot do not qualify as "prevailing part[ies]" eligible for attorney's fees under 42 U.S.C. § 1988(b) because no court conclusively resolved their claims by granting enduring relief on the merits that altered the legal relationship between the parties.

Judgment

Reversed and remanded, 7-2, in an opinion by John Roberts on Feb 25, 2025. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.

Proceedings & orders timeline

Oct 27, 2023
Application (23A390) to extend the time to file a petition for a writ of certiorari from November 5, 2023 to November 20, 2023, submitted to The Chief Justice.
Nov 1, 2023
Application (23A390) granted by The Chief Justice extending the time to file until November 20, 2023.
Nov 20, 2023
Petition for a writ of certiorari filed. (Response due January 8, 2024)
Jan 5, 2024
Brief amici curiae of Georgia, et al. filed.
Jan 24, 2024
DISTRIBUTED for Conference of 2/16/2024.
Jan 29, 2024
Response Requested. (Due February 28, 2024)
Feb 28, 2024
Brief of respondents Damian Stinnie, et al. in opposition filed.
Mar 19, 2024
Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
Mar 20, 2024
DISTRIBUTED for Conference of 4/12/2024.
Apr 15, 2024
DISTRIBUTED for Conference of 4/19/2024.
Apr 22, 2024
Petition GRANTED.
Apr 24, 2024
Motion for an extension of time to file the briefs on the merits filed.
Apr 29, 2024
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 20, 2024. The time to file respondents' brief on the merits is extended to and including August 5, 2024.
Jun 20, 2024
Brief of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed.
Jun 20, 2024
Joint appendix filed. (Statement of costs filed)
Jun 27, 2024
Brief amicus curiae of United States filed.
Jun 27, 2024
Brief amici curiae of Local Government Legal Center, et al. filed.
Jun 27, 2024
Brief amici curiae of Georgia, et al. filed.
Jun 27, 2024
Brief amicus curiae of University of Florida Board of Trustees filed.
Jul 8, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 26, 2024
SET FOR ARGUMENT on Tuesday, October 8, 2024.
Jul 26, 2024
Record requested from the United States Court of Appeals for the Fourth Circuit.
Aug 1, 2024
Sealed material from the United States District Court for the Western District of Virginia electronically available with the Clerk. The remainder of the record is available on PACER.
Aug 1, 2024
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
Aug 5, 2024
Brief of respondents Damian Stinnie, et al. filed.
Aug 8, 2024
CIRCULATED
Aug 12, 2024
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Aug 12, 2024
Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
Aug 12, 2024
Brief amici curiae of Christian Legal Society, et al. filed.(Corrected & reprinted) (Distributed)
Aug 12, 2024
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Aug 12, 2024
Brief amici curiae of Firearms Policy Coalition, Inc. and FPC Action Foundation filed. (Distributed)
Aug 12, 2024
Brief amici curiae of Alliance Defending Freedom and Americans for Prosperity Foundation filed. (Distributed)
Aug 12, 2024
Brief amici curiae of Institute for Free Speech, et al. filed. (Distributed)
Aug 12, 2024
Brief amici curiae of Foundation for Individual Rights and Expression and First Amendment Lawyers Association filed. (Distributed)
Aug 12, 2024
Brief amicus curiae of New Jersey State Bar Association filed. (Distributed)
Aug 12, 2024
Brief amicus curiae of First Liberty Institute filed. (Distributed)
Aug 19, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 4, 2024
Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
Oct 8, 2024
Argued. For petitioner: Erika L. Maley, Solicitor General, Richmond, Va.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Brian D. Schmalzbach, Richmond, Va.
Feb 25, 2025
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
Mar 31, 2025
Judgment Issued.

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