No fees to party who gets temporary injunction, but ultimately loses
In Sole v. Wyner, the U.S. Supreme Court held thata party who succeeded in gaining a preliminary injunction, but later lost on the merits of the case, was not a prevailing party entitled to attorney fees under 42 U.S. § 1988. Writing for the unanimous court, Justice Ginsberg, noted that prevailing party status is only conferred a party has succeeded in obtaining a “material alteration of the legal relationship of the parties.” At issue here was the validity of law banning nudity; at the conclusion of the case, the law was deemed valid, resulting in no “enduring change” in the parties’ status. The summary judgment superseded the preliminary judgment order.
