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SUPREME COURT OF THE UNITED STATESSTEVEN LEFEMINE, DBA COLUMBIA CHRISTIANS FOR LIFE v. DAN WIDEMAN ET AL.ON PETITION FOR WRIT OF CERTIORARI TO THE UNITEDSTATES COURT OF APPEALS FOR THE FOURTH CIRCUITNo. 12168.Decided November 5, 2012This case concerns the award of attorneys fees in a suit alleging unconstitutional conduct by government officials. The United States Court of Appeals for the Fourth Circuit held that a plaintiff who secured a permanent injunction but no monetary damages was not a “prevailing party” under 42 U. S. C. 1988, and so could not receive fees. That was error. Because the injunction ordered the de-fendant officials to change their behavior in a way that directly benefited the plaintiff, we vacate the Fourth Cir-cuits decision and remand for further proceedings.*Petitioner Steven Lefemine and members of Columbia Christians for Life (CCL) engage in demonstrations in which they carry pictures of aborted fetuses to protest the availability of abortions. On November 3, 2005, Lefemine and about 20 other CCL members conducted such a demonstration at a busy intersection in Greenwood Coun-ty, South Carolina. Citing complaints about the graphic signs, a Greenwood County police officer informed Lefem-ine that if the signs were not discarded, he would be tick-eted for breach of the peace. Lefemine objected, asserting that the officer was violating his First Amendment rights, but the threat eventually caused him to disband the pro-test.A year later, an attorney for Lefemine sent a letter to2LEFEMINE v. WIDEMANDan Wideman, the sheriff of Greenwood County, informing him that the group intended to return to the same site with the disputed signs. The letter cautioned that further interference would cause Lefemine “to pursue all avail-able legal remedies.” Id., at 619. Chief Deputy Mike Frederick responded that the police had not previously violated Lefemines rights, and warned that “should we observe any protester or demonstrator committing the same act, we will again conduct ourselves in exactly the same manner: order the person(s) to stop or face criminal sanctions.” Ibid. Out of fear of those sanctions, the group chose not to protest in the county for the next two years. See ibid.On October 31, 2008, Lefemine filed a complaint under 42 U. S. C. 1983 against several Greenwood County police officers alleging violations of his First Amendment rights. Lefemine sought nominal damages, a declaratory judgment, a permanent injunction, and attorneys fees. See 732 F. Supp. 2d, at 620. Ruling on the parties dueling motions for summary judgment, the District Court deter-mined that the defendants had infringed Lefemines rights. See id., at 620625. The court therefore permanently enjoined the defendants “from engaging in content-based restrictions on Lefemines display of graphic signs” under similar circumstances. Id., at 627. The court, however, refused Lefemines request for nominal damages, finding that the defendants were entitled to qualified immunity because the illegality of their conduct was not clearly established at the time. See ibid. The court as well denied Lefemines request for attorneys fees under 1988, stating that “under the totality of the facts in this case the award of attorneys fees is notwarranted.” Ibid.The Fourth Circuit affirmed the denial of attorneys fees on the ground that the District Courts judgment did not make Lefemine a “prevailing party” under 1988. 672The court reasoned that the relief awarded did not “alter the relative positions of the parties”: The injunction prohibited only “unlawful, but not legitimate, conduct by the defendants,” and merely “ordered defendants to comply with the law and safe-guard Lefemines constitutional rights in the future. No other damages were awarded.” Ibid. Lefemine sought a writ of certiorari to review the Fourth Circuits determination that he was not a prevailing party under 1988.FThe Civil Rights Attorneys Fees Awards Act of 1976, 90 Stat. 2641, 42 U. S. C. 1988, allows “the prevailing party” in certain civil rights actions, including suits brought under 1983, to recover “a reasonable attorneys fee.” A plaintiff “prevails,” we have held, “when actual relief on the merits of his claim materially alters the legal relation-ship between the parties by modifying the defendants behavior in a way that directly benefits the plaintiff.” Farrar v. Hobby , 506 U. S. 103, 111112 (1992). And we have repeatedly held that an injunction or declaratory judgment, like a damages award, will usually satisfy that test.Under these established standards, Lefemine was a prevailing party. Lefemine desired to conduct demonstrations in Greenwood County with signs that the defendant police officers had told him he could not carry. He brought this suit in part to secure an injunction to protect himself from the defendants standing threat of sanctions. And he succeeded in removing that threat. The District Court held that the defendants had violated Lefemines rights and enjoined them from engaging in similar conduct in the*The defendants did not appeal the District Courts judgment that they had violated Lefemines First Amendment rights, so the Court of Appeals took as a given that a violation had occurred. See 672 F. 3d, at 299, n. 5.future. Contrary to the Fourth Circuits view, that ruling worked the requisite material alteration in the parties relationship. Before the ruling, the police intended to stop Lefemine from protesting with his signs; after the ruling, the police could not prevent him from demonstrating in that manner. So when the District Court “ordered defendants to comply with the law,” 672 F. 3d, at 303, the relief givenas in the usual case involving such an injunctionsupported the award of attorneys fees.Because Lefemi
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