Circuit Splits Reported in U.S. Law Week—June 2022

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Civil Rights

Case:

Stinnie v. Holcomb, 2022 BL 220778 (Article)

Issue:

May a plaintiff whose case is mooted after obtaining a preliminary injunction—so that the preliminary injunction by definition can’t be reversed or undone by a final decision in the case—qualify as a prevailing party for purposes of attorneys’ fees under 42 U.S.C. §1988? The Fourth Circuit says no. But the Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and D.C. circuits all say yes.

Constitutional Law

Case:

Lindke v. Freed, 2022 BL ...