Lefemine v. Wideman, No. 12-168; U.S. Supreme Court; per curiam opinion; decided November 5, 2012. On petition for writ of certiorari to the U.S. Court of Appeals for the Fourth Circuit.
This case concerns the award of attorney fees in a suit alleging unconstitutional conduct by government officials. The U.S. 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, the Fourth Circuit’s decision is vacated and remanded for further proceedings.
