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Lefemine v. Wideman

Docket No.12-168
Op. Below4th Cir.
OpinionNov 5, 2012
TermOctober Term 2012
SCOTUS PageOpinion

Holding

In a lawsuit alleging that the conduct of government officials violates the Constitution, a plaintiff who obtains a permanent injunction but no money damages is a "prevailing party" because the injunction ordered the officials to change their behavior in a way that directly benefitted the plaintiff. The plaintiff is therefore entitled to receive his attorney"s fees unless special circumstances would render such an award unjust.

Judgment

Granted, vacated and remanded on Nov 5, 2012.

Holding: In a lawsuit alleging that the conduct of government officials violates the Constitution, a plaintiff who obtains a permanent injunction but no money damages is a “prevailing party” because the injunction ordered the officials to change their behavior in a way that directly benefitted the plaintiff. The plaintiff is therefore entitled to receive his attorney”s fees unless special circumstances would render such an award unjust.

Judgment:”Granted, vacated and remanded“in a per curiam opinion on November 5, 2012.

Proceedings & orders timeline

Jun 27, 2012
Application (12A17) to extend the time to file a petition for a writ of certiorari from July 1, 2012 to July 31, 2012, submitted to The Chief Justice.
Jul 9, 2012
Application (12A17) granted by The Chief Justice extending the time to file until July 31, 2012.
Jul 31, 2012
Petition for a writ of certiorari filed. (Response due September 5, 2012)
Sep 5, 2012
Brief of respondents Dan Wideman, et al. in opposition filed.
Sep 18, 2012
Reply of petitioner Steve Lefemine filed. (Distributed)
Sep 19, 2012
DISTRIBUTED for Conference of October 5, 2012.
Oct 9, 2012
DISTRIBUTED for Conference of October 12, 2012.
Oct 15, 2012
DISTRIBUTED for Conference of October 26, 2012.
Oct 29, 2012
DISTRIBUTED for Conference of November 2, 2012.
Nov 5, 2012
Petition GRANTED. Judgment VACATED and case REMANDED. Opinion per curiam. (Detached Opinion)
Dec 7, 2012
JUDGMENT ISSUED.

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