Jones v. Haynes
Opinion of the Court
Pending before the Court is Plaintiffs' Motion for Attorney's Fees and Expenses (Doc. No. 88), to which Defendants have filed a Response in opposition (Doc. No. 92), and Plaintiffs have filed a Reply (Doc. No. 93-1). The Court subsequently held oral argument on Plaintiffs' motion on October 25, 2018. (Doc. No. 95.) The Court ordered supplemental briefing, and the parties have now filed their respective briefs. (See Doc. Nos. 96, 97.) For the reasons stated below, Plaintiffs' Motion for Attorney's Fees and Expenses will be denied.
BACKGROUND
This case was brought by parents of children in White County, Tennessee, who formed a group, in part, to oppose and support certain candidates for the White County Board of Education. (See Doc. No. 1.) Plaintiffs filed suit against the Tennessee Registry of Election Finance for declaratory and injunctive relief, alleging that the registration and disclosure requirements for political campaign committees under Tennessee's Campaign Financial Disclosure Act were unduly burdensome and violated their First and Fourteenth Amendment rights. (Id. ) Plaintiffs specifically challenged the definition of "political campaign committee" found in
This Court initially stayed the case on abstention grounds (Doc. No. 39), and the Sixth Circuit Court of Appeals reversed and remanded the case for further proceedings (Doc. No. 50). Before the case was remanded, however, legislation was introduced in the Tennessee General Assembly to repeal
In an Order dated April 19, 2017, this Court granted Plaintiffs' Renewed Motion for Preliminary Injunction, enjoining Defendants from enforcing
On May 9, 2017, Governor Bill Haslam signed into law legislation that amended the definition of a political campaign committee to exclude the language challenged by Plaintiffs in this case. (See Doc. No. 71-1.) Defendants renewed their Motion to Dismiss, Plaintiffs opposed that motion, and the Court dismissed the case as moot. (See Doc. No. 80.) Once again, Plaintiffs appealed. (Doc. No. 82.) The Sixth Circuit affirmed this Court's dismissal, determining that Plaintiffs' case was moot following the repeal of
Subsequently, Plaintiffs sought attorneys' fees in the amount of $214,667.50 and expenses in the amount of $2,730.01. (Doc. No. 88.) However, at oral argument, the Court asked Plaintiffs to recalculate their fees and expenses through the date of the preliminary injunction, April 19, 2017. Upon recalculation, Plaintiffs now request attorneys' fees in the amount of $204,574.11 and expenses in the amount of $2,216.61. (Doc. No. 97 at 11.)
ANALYSIS
Under the so-called "American Rule," fees to prevailing parties must be grounded in explicit statutory authority. McQueary v. Conway,
The primary issue presented in this motion is whether Plaintiffs are prevailing parties. To "prevail" and thus become eligible for attorney's fees, a party must have obtained a judicially-sanctioned change in the legal relationship of the parties. Toms v. Taft,
A defendant's voluntary change in conduct, although perhaps accomplishing what the plaintiff sought to achieve by the lawsuit, lacks the necessary judicial imprimatur to result in an award of attorney's fees for the plaintiff. Buckhannon Bd. and Care Home, Inc. v. West Virginia Dep't of Health and Human Resources,
The court-ordered change in the legal relationship between the parties must be enduring and irrevocable. McQueary,
In the context of a preliminary injunction, the Sixth Circuit has stated that there is only prevailing party status if the injunction represents "an unambiguous indication of probable success on the merits, and not merely a maintenance of the status quo ordered because the balance of the equities greatly favors the plaintiff." McQueary,
In deciding the Motion for Preliminary Injunction, this Court found it unnecessary to decide the constitutionality of the statute *696at issue, given the pending legislation to change it. The Court's concern was whether to grant the injunction "until the matter can be decided on the merits." (Doc. No. 69 at 11.) As explained in the Memorandum Opinion, the way to accomplish that goal was "to take Defendants at their word and to make official that which they have promised by enjoining them from enforcement of subsection 12(a) until further order of the Court." (Id. at 11).
Neither this Court, nor the Sixth Circuit, reached the merits of this case although each court glanced at the merits. Plaintiffs argue that, nonetheless, both courts indicated that Plaintiffs' arguments had merit. The Sixth Circuit stated: "We imagine that the district court would have been hard-pressed to find an interpretation of this statute that satisfies the First Amendment." Jones v. Coleman,
In McQueary, the court rejected a bright-line rule that procuring injunctive relief alone never or always suffices for attorney's fees under Section 1988, noting that not all preliminary injunctions have merely a catalytic effect (where defendants do not voluntarily change their conduct) and some preliminary injunctions have nothing to do with the merits of the case (like, as in this case, "stay put" or status quo injunctions). McQueary,
Plaintiffs never received any kind of substantive judgment in this case. The preliminary injunction was not based upon the merits of the case. It simply made official Defendants' agreement or promise not to enforce a statute that was currently under review by the Tennessee General Assembly. (Doc. No. 69 at 10-11.) The Court specifically stated that it was balancing the equities and not reaching the constitutional issues. (Id. ) The injunction was temporary, pending amendment (or not) of the relevant legislation. It was neither lasting nor irrevocable.
Moreover, because the law amending the relevant statute rendered this case moot, the Court dismissed the action for lack of subject matter jurisdiction (Doc. No. 80), a *697decision that Plaintiffs appealed, and the Sixth Circuit upheld (Doc. No. 86). Plaintiffs argued on appeal that the case was not moot and that the Court should declare the statute at issue unconstitutional and make the preliminary injunction permanent. (Doc. No. 74 at 2). But if the preliminary injunction left nothing to be decided, Plaintiffs would have had no reason to oppose the Motion to Dismiss or appeal the decision. Obviously, based on their subsequent actions, Plaintiffs did not believe that the preliminary injunction had given them all the relief they sought. If the preliminary injunction had given Plaintiffs complete relief, they would have had no need to argue to this Court or to the Sixth Circuit that a declaratory judgment and permanent injunction were necessary. Their actions demonstrate that they sought to invalidate the law as applied and to enjoin its enforcement permanently. A result never reached by this Court or the Sixth Circuit.
CONCLUSION
For these reasons, the Court finds that Plaintiffs are not "prevailing parties," such that they are entitled to attorney's fees and costs under
Plaintiffs represented, in support of their Renewed Motion for Preliminary Injunction, that they wanted to support a particular unopposed candidate in a then-upcoming 2017 special election for House District 95. (Doc. No. 55 at 5-7.) In their Complaint, Plaintiffs sought to participate in a different election, for the White County School Board. (See Doc. No. 1.) By the time of the Renewed Motion, that election was over. The Complaint however, was not limited to one election; Plaintiffs sought to enjoin the statute forever. (Id. )
An appeal of Miller was filed on November 22, 2017. See Miller v. Davis, Case No. 17-6404, Doc. No. 1 (6th Cir. 2017) (notice of appeal).
Defendants repeatedly represented that Plaintiffs did not fit the definition at issue and they would not enforce the statute against Plaintiffs. (Doc. Nos. 23, 63 and 63B2.) The preliminary injunction did not change that "promise."
Reference
- Full Case Name
- Amber JONES and Deanna Lack v. William J. HAYNES, III
- Cited By
- 2 cases
- Status
- Published