United States Second Circuit

In an First Amendment action between students and school district, district court's grant of attorney's fees to plaintiff is reversed where plaintiffs were not prevailing parties in the matter as the court did not issue a preliminary injunction or a temporary restraining order and therefore there was no basis for according prevailing party status.

Appellate Information

• Decided 04/01/2009
• Published 04/01/2009

Judges

• MINER, Circuit Judge:, Before:  MINER, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Christopher D. Watkins (Michael H. Sussman, on the brief), Sussman & Watkins, Goshen, New York, for plaintiffs-appellees., James P. Drohan (Lawrence W. Thomas, on the brief), Donoghue, Thomas, Auslander & Drohan, LLP, Hopewell Junction, New York, for defendants-appellants.