No. 22-5985.

65 F.4th 280 (2023)

Theodore Joseph ROBERTS, Randall Daniel, and Sally O'Boyle, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Robert D. NEACE, Defendant, Andrew G. Beshear, in his official capacity as the Governor of the Commonwealth of Kentucky, and Eric Friedlander, Secretary, Kentucky Cabinet for Health and Family Services, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 10, 2023.

Attorney(s) appearing for the Case

ON BRIEF: S. Travis Mayo , Taylor Payne , Laura Tipton , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, Wesley W. Duke , David T. Lovely , OFFICE OF LEGAL SERVICES, CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellants. Christopher Wiest , CHRIS WIEST, ATTORNEY AT LAW, PLLC, Crestview Hills, Kentucky, Thomas B. Bruns , BRUNS, CONNELL, VOLLMAR & ARMSTRONG, LLC, Cincinnati, Ohio, for Appellees.

Before: SUTTON, Chief Judge; McKEAGUE and NALBANDIAN, Circuit Judges.


In 2020, three individuals opposed the Kentucky Governor's COVID-19 restrictions on religious gatherings. They received preliminary injunctions against the orders, and the district court awarded them attorney's fees as prevailing parties. See 42 U.S.C...


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