MARYVILLE BAPTIST CHURCH; JACK ROBERTS v. ANDY BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky - Articles

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MARYVILLE BAPTIST CHURCH; JACK ROBERTS v. ANDY BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky

Posted by: Azya Thornton on Mar 25, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Mathew D. Staver, Daniel J. Schmid, LIBERTY COUNSEL, Orlando, Florida, for Appellants.

Attorneys 2: ON BRIEF: Mitchel T. Denham, MCBRAYER, PLLC, Louisville, Kentucky, Travis Mayo, Taylor Payne, Laura Tipton, OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellee.

Judge(s): SUTTON, Chief Judge; McKEAGUE and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Western District of Kentucky at Louisville

SUTTON, Chief Judge. Maryville Baptist Church sought, and obtained, a preliminary injunction against the Kentucky Governor’s COVID-19 restrictions on religious gatherings. As time passed and the pandemic waned, the case became moot. In view of its early success in the case under the Free Exercise Clause of the United States Constitution and 42 U.S.C. § 1983, the Church sought attorney’s fees as a “prevailing party” under 42 U.S.C. § 1988. The district court denied the motion, and the Church appealed. The U.S. Supreme Court recently answered the question. It held that a party who receives a preliminary injunction, and whose case becomes moot before the court reaches a final judgment, does not count as a prevailing party under § 1988. See Lackey v. Stinnie, 145 S. Ct. 659 (2025). Consistent with that decision, we affirm the district court’s denial of attorney’s fees.

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