Decided
Perdue v. Kenny A.
Holding
A federal court can award larger-than-usual attorney's fees to a civil rights lawyer who gives an especially strong performance in a particular case, but only in extraordinary circumstances.
Judgment
Reversed and remanded, 5-4, in an opinion by Samuel Alito on Apr 21, 2010. Justice Breyer concurred in part and dissented in part, joined by Justices Stevens, Ginsburg, and Sotomayor.
Merits Briefs
- Brief for Petitioner Sonny Perdue, In His Official Capacity as Governor of Georgia, et al.
- Brief for Respondent Kenny A., By His Next Friend Linda Winn, et al.
- Reply Brief for Petitioner Sonny Perdue, In His Official Capacity as Governor of Georgia, et al.
Amicus Briefs
- Brief for the States of Alabama, Alaska, Arkansas, Colorado, Florida, Hawaii, Idaho, Indiana, Maine, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming, and The District of Columbia in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the National School Boards Association in Support of Petitioner
- Brief for the The National Governors Association, National Conference of State Legislatures, National Association of Counties, International City/County Management Association, and International Municipal Lawyers Association in Support of Petitioner
- Brief for the Association County Commissioners of Georgia in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for the Old Republic Insurance Company and the National Association of Waterfront Employers in Support of Petitioner
- Brief for Small Private Law Firms That Rely on Statutory Fee Awards in Public Interest Litigation in Support of Respondent
- Brief for NAACP Legal Defense and Education Fund in Support of Respondent
- Brief for the Liberty Legal Institute, the American Center for Law and Justice, the CATO Institute, the Institute for Justice, Liberty Counsel, Alliance the Defense Fund, and the James Madison Center for Free Speech in Support of Respondent
- Brief for the Lawyers’ Committee for Civil Rights Under Law, AARP, Alliance for Justice, the American Civil Liberties Union, the Mexican American Legal Defense and Education Fund, the National Disability Rights Network, the National Partnership for Women and Families, the National Urban League, the National Women’s Law Center, and Public Citizen in Support of Respondent
- Brief for Law and Economics Scholars Lucian A. Bebchuk, Albert Choi, Andrew F. Daughety, John J. Donohue III, Theodore Eisenberg, Bruce L. Hay, Avery W. Katz, Herbert M. Kritzer, Jennifer F. Reinganum, and Kathryn Spier in Support of Respondent
- Brief for the Civil Rights Clinic at Howard University School of Law in Support of Respondent
- Brief for the New York State Bar Association, the Pennsylvania State Bar Association, the Ohio State Bar Association, the Bar Association of the District of Columbia, the Iowa State Bar Association, the Tennessee State Bar Association, the Washington Bar Association, the American Association of Jewish Lawyers and Jurists in Support of Respondent
- Brief for the American Association for Justice, Public Justice, P.C., The National Employment Lawyers Association, and the Impact Fund in Support of Respondent
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Related Coverage
Jan 29, 2009Petition for a writ of certiorari filed. (Response due March 4, 2009)
Mar 4, 2009Brief of respondents Kenny A., By His Next Friend Linda Winn, et al. in opposition filed.
Mar 18, 2009DISTRIBUTED for Conference of April 3, 2009.
Apr 6, 2009Petition GRANTED limited to Question 1 presented by the petition for a writ of certiorari.
Apr 16, 2009The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including June 22, 2009.
Jun 9, 2009The time within which to file respondents' brief on the merits is extended to and including August 21, 2009.
Jun 20, 2009Brief amici curiae of National Sheriffs' Association, et al. filed.
Jun 22, 2009Joint appendix filed. (Statement of costs filed)
Jun 22, 2009Brief of petitioners Sonny Perdue, Governor of Georgia, et al. filed.
Jun 29, 2009Brief amicus curiae of United States filed.
Jun 29, 2009Brief amici curiae of Alabama, et al. filed.
Jun 29, 2009Brief amicus curiae of Washington Legal Foundation filed.
Jun 29, 2009Brief amici curiae of Old Republic Insurance Company, et al. filed.
Jun 29, 2009Brief amicus curiae of National School Boards Association filed.
Jun 29, 2009Brief amici curiae of National Governors Association, et al. filed.
Jun 29, 2009Brief amicus curiae of Association County Commissioners of Georgia filed.
Jul 16, 2009SET FOR ARGUMENT ON Wednesday, October 14, 2009.
Jul 30, 2009CIRCULATED.
Aug 3, 2009Record for the U.S.D.C. for the District of Georgia received from U.S.C.A. for the 11th Circuit. (20 boxes) There are sealed documents in the record.
Aug 3, 2009Record received from the U.S.C.A. for 11th Circuit. (1 envelope)
Aug 12, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 21, 2009Brief of respondents Kenny A., By His Next Friend Linda Winn, et al. filed. (Distributed)
Aug 28, 2009Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
Aug 28, 2009Brief amici curiae of Small Private Law Firms That Rely on Statutory Fee Awards in Public Interest Litigation filed.
Aug 28, 2009Brief amici curiae of Liberty Legal Institute, et al. filed. (Distributed)
Aug 28, 2009Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
Aug 28, 2009Brief amici curiae of New York State Bar Association, et al. filed. (Distributed)
Aug 28, 2009Brief amici curiae of Law and Economics Scholars Lucian A. Bebchuk, et al. filed. (Distributed)
Aug 28, 2009Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al.
filed.
Aug 28, 2009Brief amicus curiae of Civil Rights Clinic at Howard University School of Law filed. (Distributed)
Sep 21, 2009Reply of petitioners Sonny Perdue, Governor of Georgia, et al. filed. (Distributed)
Sep 30, 2009Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 14, 2009Argued. For petitioners: Mark H. Cohen, Atlanta, Ga; and Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondents: Paul D. Clement, Washington, D.C.
Apr 21, 2010Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C.J., and Scalia, Kennedy, and Thomas, JJ., joined. Kennedy, J., and Thomas, J., filed concurring opinions. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Stevens, Ginsburg, and Sotomayor, JJ., joined.
May 24, 2010JUDGMENT ISSUED.
May 25, 2010Record returned to the U.S.C.A., 11th Circuit.
Recommended Citation: Perdue v. Kenny A., SCOTUSblog, https://www.scotusblog.com/cases/perdue-v-kenny-a/