Sole v. Wyner (2006)
- Docket
- 06-531
- Decided
- 2006-01-01
Summary
Question: Can a preliminary injunction that is later reversed be the basis for awarding a party the status of the "prevailing party" and therefore entitling that party to attorney's fees? Conclusion: No. Justice Ruth Bader Ginsburg's opinion for the unanimous Court held that a preliminary injunction that is later reversed or otherwise undone cannot be the basis for "prevailing party" status for purposes of awarding attorney's fees. Though Wyner had been able to perform the nude peace symbol display without interference after her victory at the preliminary hearing, her victory had been "transient," "fleeting," and "ephemeral." Because she eventually lost on the merits of her claim that the government's interference was unconstitutional, she failed to gain the enduring "chang[e] [in] the legal relationship" of the parties that is required for prevailing party status. The Court left open the possibility that a preliminary injunction could be the basis for awarding attorney's fees if it were not later superseded as was Wyner's.