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AMAWI v. PAXTON

No. 21-50360.

48 F.4th 412 (2022)

Bahia AMAWI, Plaintiff-Appellee/Cross-Appellant, v. Ken PAXTON, in his official capacity as Attorney General of Texas, Defendant-Appellant/Cross-Appellee, John Pluecker; Obinna Dennar; Zachary Abdelhadi; George Hale; Plaintiffs-Appellees, v. Board of Regents of the University of Houston System; Trustees of the Klein Independent School District; Trustees of the Lewisville Independent School District; Board of Regents of the Texas A&M University System, Defendants.

United States Court of Appeals, Fifth Circuit.

FILED September 7, 2022.

Attorney(s) appearing for the Case

Lena F. Masri , Gadeir Ibrahim Abbas , Justin Sadowsky , Council on American-Islamic Relations, Washington, DC, John Thomas Floyd, III , Houston, TX, for Plaintiff-Appellee/Cross-Appellant.

Thomas Paul Buser-Clancy , Adriana Cecilia Pinon , Edgar Saldivar , American Civil Liberties Union of Texas, Houston, TX, Kevin Hampton Dubose , Alexander Dubose & Jefferson, L.L.P., Houston, TX, Brian Matthew Hauss , American Civil Liberties Union Foundation, Speech, Privacy & Technology Project, New York, NY, for Plaintiffs-Appellees.

Michael Abrams , Office of the Attorney General, for the State of Texas, Austin, TX, Lanora Christine Pettit , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Taylor K. Gifford , Office of the Attorney General, General Litigation Division, Austin, TX, for Defendant-Appellant/Cross-Appellee.

Before King, Jones, and Duncan, Circuit Judges.

Plaintiffs brought suit challenging a Texas law, which was later amended so as to moot their claims before the merits were adjudicated. Nevertheless, the district court determined that their fleeting success in obtaining a preliminary injunction rendered them "prevailing parties" under 42 U.S.C. § 1988. We disagree...

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