United States Fourth Circuit

In a case under 42 USC section 1983 in which it was accepted for purposes of appeal that the actions of government officials were an impermissible content-based restriction on the plaintiff’s First Amendment speech rights: 1) the district court's grant of summary judgment to the defendants is affirmed, where they did not violate a clearly established right, and reasonable officers would not have known that their actions violated that right, and so they had qualified immunity in their individual capacities; and 2) the district court's denial of attorney's fees to the plaintiff is affirmed, in light of the lack of findings that the plaintiff was a prevailing party within the meaning of 42 USC section 1988 as well as the absence of any other damages award.

Appellate Information

• Decided 03/05/2012
• Published 03/05/2012

Judges

• Wynn

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Steven W. Fitschen, Andrew Lindemann