NOT RECOMMENDED FOR PUBLICATION File Name: 23a0255n.06

Case No. 22-5952 FILED UNITED STATES COURT OF APPEALS Jun 05, 2023 FOR THE SIXTH CIRCUIT DEBORAH S. HUNT, Clerk

) MARYVILLE BAPTIST CHURCH; ) DOCTOR JACK ROBERTS, ) Plaintiffs-Appellants, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE WESTERN DISTRICT OF ANDY BESHEAR, in his official capacity as ) KENTUCKY Governor of the Commonwealth of Kentucky, ) Defendant-Appellee. ) OPINION )

Before: SUTTON, Chief Judge; McKEAGUE and NALBANDIAN, Circuit Judges.

PER CURIAM. Maryville Baptist Church received a preliminary injunction against

Kentucky Governor Andy Beshear’s COVID-19 restrictions on religious gatherings. As time

passed and the pandemic waned, the case became moot. The Church nevertheless claimed the

status of “prevailing party” and sought attorney’s fees. 42 U.S.C. § 1988(b). The district court

denied the motion, and the Church appeals.

During the pendency of the appeal we decided another prevailing-party case, Roberts

v. Neace, 65 F.4th 280 (6th Cir. 2023). Roberts addressed Beshear’s COVID-19 restrictions,

preliminary injunctions, mootness, and attendance at Maryville Baptist Church—all features of

this case. We vacate and remand for the district court to apply Roberts in the first instance.