ACLU Comment on the Supreme Court Ruling in Lackey v. Stinnie

February 25, 2025 1:00 pm

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WASHINGTON — The Supreme Court issued a ruling today in Lackey v. Stinnie, holding that civil rights plaintiffs who win a preliminary injunction that gives them permanent relief nonetheless are not “prevailing parties” and therefore are ineligible for court-awarded attorneys’ fees. The decision today goes against the tide of prior decisions in all 11 lower federal courts that have considered the question.

“The court’s decision in Lackey is a grave error because it is at odds with the system for private civil rights enforcement that Congress enacted,” said Cecillia Wang, ACLU national legal director. “Though the decision may seem technical, make no mistake, the court has gone out of its way to put up another obstacle for Americans seeking accountability when government officials violate their constitutional rights.”

The American Civil Liberties Union was part of a left-right coalition of organizations who filed an amicus brief in support of the civil rights plaintiffs.

This case is part of the ACLU's Joan and Irwin Jacobs Supreme Court Docket.