Decided
Fox v. Vice
Holding
When there are both frivolous and non-frivolous claims in a plaintiff's civil rights suit, a court may grant reasonable attorney's fees to the defendant, but only for costs that the defendant would not have incurred but for the frivolous claims.
Plain English Holding
Courts may award attorney's fees to defendants to reimburse them for the costs of defending against the legally worthless portions of a civil rights suit, but not for the non-worthless parts of the lawsuit.
Judgment
Vacated and remanded, 9-0, in an opinion by Elena Kagan on Jun 6, 2011.
Merits Briefs
- Brief for Petitioner Ricky D. Fox
- Brief for Respondent, Billy Ray Vice, Chief of Police for the Town of Vinton, and the Town of Vinton
- Reply brief for Petitioner Ricky D. Fox
- Supplemental Brief of the Petitioner
- Supplemental Brief of the Respondent
Amicus Briefs
- Brief for the Liberty Institute, CATO Institute, the Independence Law Center, Institute for Justice Texas Chapter, and the James Madison Center for Free Speech in Support of Petitioner
- Brief for American Civil Liberties Union, Americans United for Separation of Church and State, Impact Fund, Lawyers’ Committee for Civil Rights Under Law, the Legal Aid Society of New York City, the National Employment Lawyers Association, New York, the National Fair Housing Alliance, People for the American Way Foundation, and Public Justice in Support of Petitioner
- Brief for Arkansas, Alabama, Colorado, Delaware, Georgia, Hawaii, Idaho, Louisiana, Maine, Mississippi, Oklahoma, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming in Support of Respondent
- Brief of the National Conference of State Legislatures, the National League of Cities, the National Association of Counties, the International City/County Management Association, the United States Conference of Mayors, and the International Municipal Lawyers Association in Support of Respondent
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Related Coverage
Jul 15, 2010Petition for a writ of certiorari filed. (Response due August 23, 2010)
Aug 18, 2010Order extending time to file response to petition to and including September 22, 2010, for all respondents.
Aug 27, 2010Brief of respondents Billy Ray Vice, and the Town of Vinton in opposition filed.
Sep 7, 2010Reply of petitioner Ricky D. Fox filed.
Oct 6, 2010DISTRIBUTED for Conference of October 29, 2010.
Nov 1, 2010Petition GRANTED.
Nov 23, 2010The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 23, 2010.
Nov 23, 2010The time to file respondents' brief on the merits is extended to and including January 31, 2011.
Dec 23, 2010SET FOR ARGUMENT ON Tuesday, March 22, 2011.
Dec 23, 2010Joint appendix filed. Statement of costs filed.
Dec 23, 2010Brief of petitioner Ricky D. Fox filed.
Dec 23, 2010Supplemental joint appendix filed.
Dec 29, 2010Brief amici curiae of American Civil Liberties Union, et al. filed.
Dec 30, 2010Brief amici curiae of Liberty Institute, et al. filed.
Jan 14, 2011CIRCULATED.
Jan 31, 2011Brief of respondents Billy Ray Vice, Chief of Police for the Town of Vinton, et al. filed. (Distributed)
Feb 7, 2011Brief amici curiae of Arkansas, et al. filed. (Distributed)
Feb 7, 2011Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Feb 11, 2011Record received from U.S.C.A. for Fifth Circuit. (1 envelope)
Feb 17, 2011Record received from U.S.D.C. for Western District of Louisiana. (1 box)
Mar 2, 2011Reply of petitioner Ricky D. Fox filed. (Distributed)
Mar 11, 2011Motion to substitute Judy Ann Vice, as Executrix of the Estate of Billy Ray Vice, as respondent in place of Billy Ray Vice filed by respondents and Judy Ann Vice.
Mar 11, 2011Letter brief of petitioner Ricky D. Fox filed. (Distributed)
Mar 11, 2011Letter brief of respondents Billy Ray Vice, Chief of Police for the Town of Vinton, et al. filed. (Distributed)
Mar 11, 2011Motion DISTRIBUTED for Conference of March 18, 2011.
Mar 18, 2011Motion to substitute Judy Ann Vice, as Executrix of the Estate of Billy Ray Vice, as respondent in place of Billy Ray Vice GRANTED.
Mar 22, 2011Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y. For respondents: Mark T. Stancil, Washington, D. C.
Jun 6, 2011Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Jul 8, 2011JUDGMENT ISSUED.
Jul 19, 2011Record returned to U.S.D.C. for the Western District ofLouisiana.
Jul 29, 2011Record returned to U.S.C.A. for 5th Circuit.
Recommended Citation: Fox v. Vice, SCOTUSblog, https://www.scotusblog.com/cases/fox-v-vice/