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LEFEMINE v. WIDEMAN

No. 13-1629.

758 F.3d 551 (2014)

Steven LEFEMINE, d/b/a Columbia Christians for Life, Plaintiff-Appellant, v. Dan WIDEMAN, individually and in his official capacity; Mike Frederick, individually and in his official capacity; Lonnie Smith, individually and in his official capacity; Brandon Strickland, individually and in his official capacity; Sheriff Tony Davis, in his official capacity, Defendants-Appellees, and Greenwood County Sheriff's Office, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 11, 2014.

Attorney(s) appearing for the Case

ARGUED: Steven W. Fitschen , National Legal Foundation, Virginia Beach, Virginia, for Appellant. Andrew Lindemann , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellees. ON BRIEF: Robert D. Garfield , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellee Mike Frederick. Russell W. Harter, Jr. , Chapman, Harter & Harter, P.A., Greenville, South Carolina, for Appellees Dan Wideman, Lonnie Smith, Brandon Strickland, and Tony Davis.

Reversed and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge DIAZ joined.

WYNN, Circuit Judge:

Plaintiffs who prevail in suits to vindicate civil rights are entitled to attorneys' fees unless special circumstances make a fee award unjust.

Here, Plaintiff Steven C. Lefemine, leader of the Columbia Christians for Life, successfully sued various Greenwood County Sheriff's Office officials for First Amendment violations. But the district court deemed "(1) the Defendants' qualified immunity, (2) the absence of a policy or custom of discrimination...

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