United States Third Circuit

In a lawsuit to challenging the constitutionality of Pittsburgh's ordinance regulating expressive activities in public forums, an order awarding attorneys' fees to plaintiffs pursuant to 42 U.S.C. section 1988(b) is affirmed where: 1) plaintiffs in this case were the "prevailing party" by virtue of achieving relief on the merits of their claims in the form of a preliminary injunction, even though they did not secure a final judgment in their favor; and 2) the fee awarded was reasonable. Relief on the merits achieved in the form of a preliminary injunction can, under appropriate circumstances, confer "prevailing party" status.

Appellate Information

• Argued 12/11/2007
• Decided 03/17/2008
• Published 03/17/2008

Judges

• Before:  RENDELL and STAPLETON, Circuit Judges, and IRENAS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Yvonne S. Hilton (Argued), Diego Correa, Michael E. Kennedy, Assistant City Solicitor, George R. Specter, Acting City Solicitor, City of Pittsburgh Department of Law, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Michael J. Healey, Douglas B. McKechnie, Healey & Hornack, Pittsburgh, PA, Witold J. Walczak (Argued), Sara H. Rise, American Civil Liberties Foundation of Pennsylvania, Pittsburgh, PA, for Appellees.