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Lackey v. Stinnie

Docket No. Op. Below Argument Opinion Vote Author Term
23-621 4th Cir. Oct 8, 2024 Feb 25, 2025 7-2 Roberts OT 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 Chief Justice Roberts on February 25, 2025. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/27/2023Application (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.
11/01/2023Application (23A390) granted by The Chief Justice extending the time to file until November 20, 2023.
11/20/2023Petition for a writ of certiorari filed. (Response due January 8, 2024)
01/05/2024Brief amici curiae of Georgia, et al. filed.
01/24/2024DISTRIBUTED for Conference of 2/16/2024.
01/29/2024Response Requested. (Due February 28, 2024)
02/28/2024Brief of respondents Damian Stinnie, et al. in opposition filed.
03/19/2024Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
03/20/2024DISTRIBUTED for Conference of 4/12/2024.
04/15/2024DISTRIBUTED for Conference of 4/19/2024.
04/22/2024Petition GRANTED.
04/24/2024Motion for an extension of time to file the briefs on the merits filed.
04/29/2024Motion 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.
06/20/2024Brief of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed.
06/20/2024Joint appendix filed. (Statement of costs filed)
06/27/2024Brief amicus curiae of United States filed.
06/27/2024Brief amici curiae of Local Government Legal Center, et al. filed.
06/27/2024Brief amici curiae of Georgia, et al. filed.
06/27/2024Brief amicus curiae of University of Florida Board of Trustees filed.
07/08/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
07/26/2024SET FOR ARGUMENT on Tuesday, October 8, 2024.
07/26/2024Record requested from the United States Court of Appeals for the Fourth Circuit.
08/01/2024Sealed 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.
08/01/2024Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
08/05/2024Brief of respondents Damian Stinnie, et al. filed.
08/08/2024CIRCULATED
08/12/2024Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
08/12/2024Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
08/12/2024Brief amici curiae of Christian Legal Society, et al. filed.(Corrected & reprinted) (Distributed)
08/12/2024Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
08/12/2024Brief amici curiae of Firearms Policy Coalition, Inc. and FPC Action Foundation filed. (Distributed)
08/12/2024Brief amici curiae of Alliance Defending Freedom and Americans for Prosperity Foundation filed. (Distributed)
08/12/2024Brief amici curiae of Institute for Free Speech, et al. filed. (Distributed)
08/12/2024Brief amici curiae of Foundation for Individual Rights and Expression and First Amendment Lawyers Association filed. (Distributed)
08/12/2024Brief amicus curiae of New Jersey State Bar Association filed. (Distributed)
08/12/2024Brief amicus curiae of First Liberty Institute filed. (Distributed)
08/19/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
09/04/2024Reply of petitioner Gerald F. Lackey, in his Official Capacity as the Commissioner of the Virginia Department of Motor Vehicles filed. (Distributed)
10/08/2024Argued. 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.
02/25/2025Judgment 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.
03/31/2025Judgment Issued.