Doe v. Nixon
716 F.3d 1041
| 8th Cir. | 2013Background
- Does predated Halloween statute enactment (pre-06/30/2008) and were convicted after; statute imposes Halloween restrictions for registrants; Does challenged constitutionality of § 589.426 under federal and Missouri constitutions; district court granted preliminary injunction on Oct 27, 2008; Missouri Supreme Court in FR v. St. Charles County held the statute unconstitutional as applied to Raynor (2010) and officials stopped enforcement; officials admitted they would not enforce § 589.426 against pre-enactment convictions; district court dismissed Does’ action as moot and awarded costs; Does sought § 1988 fees and costs and amended judgment; district court awarded fees only through the preliminary injunction date; this court reviews above rulings on fee and mootness issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Does are prevailing parties for §1988 fees | Does prevailed via preliminary injunction and mootness ruling. | Transient victory insufficient; no judicial relief or final relief. | No prevailing party status; fees reversed. |
| Whether mootness-based dismissal can confer prevailing party status | Dismissal based on mootness should reflect prevailing status. | Mootness dismissal not a merits victory or judicial imprimatur. | Mootness dismissal does not confer prevailing party status. |
| Whether district court properly dismissed for mootness and standing | There remains a live challenge post-F.R.; fear of enforcement persists. | Post-F.R. shows no reasonable expectation of enforcement; lack of standing. | District court did not err; dismissal for lack of jurisdiction affirmed. |
Key Cases Cited
- Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep’t of Health and Human Res., 532 U.S. 598 (Supreme Court, 2001) (prevailing party requires judicial relief; catalyst theory rejected)
- Sole v. Wyner, 551 U.S. 74 (Supreme Court, 2007) (preliminary injunction alone not enough for prevailing party status)
- Rogers Group, Inc. v. City of Fayetteville, Ark., 683 F.3d 903 (8th Cir., 2012) (three Buckhannon-based principles for prevailing party status with injunctions)
- Select Milk Prods., Inc. v. Johanns, 400 F.3d 939 (D.C. Cir., 2005) (definitive standard for judicial imprimatur and relief)
- Northern Cheyenne Tribe v. Jackson, 433 F.3d 1083 (8th Cir., 2006) (Congressional intent to award interim fees upon merits determination)
- Hanrahan v. Hampton, 446 U.S. 754 (Supreme Court, 1980) (principles supporting fee awards after merits adjudication)