Winning Injunction Against Unconstitutional Chilling of Speech Establishes That the Plaintiff Is the Prevailing Party for Purposes of 42 U.S.C. Section 1988 Fees

In Lefemine v. Wideman, published November 5, 2012, the U.S. Supreme Court, in a per curiam opinion, reversed an appellate court decision denying a protest group prevailing-party attorney fees under 42 U.S.C. section 1988.  The group won an injunction against police officers who had threatened to arrest the protestors if they carried graphic pro-life protest signs, but did not win compensatory or nominal damages.  The Supreme Court held that the injunction was a sufficient change in the parties' relationship to make the plaintiff group the prevailing party.