Maryville Baptist Church v. Andy Beshear
This text of Maryville Baptist Church v. Andy Beshear (Maryville Baptist Church v. Andy Beshear) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT RECOMMENDED FOR PUBLICATION File Name: 23a0255n.06
Case No. 22-5952 FILED UNITED STATES COURT OF APPEALS Jun 05, 2023 FOR THE SIXTH CIRCUIT DEBORAH S. HUNT, Clerk
) MARYVILLE BAPTIST CHURCH; ) DOCTOR JACK ROBERTS, ) Plaintiffs-Appellants, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE WESTERN DISTRICT OF ANDY BESHEAR, in his official capacity as ) KENTUCKY Governor of the Commonwealth of Kentucky, ) Defendant-Appellee. ) OPINION )
Before: SUTTON, Chief Judge; McKEAGUE and NALBANDIAN, Circuit Judges.
PER CURIAM. Maryville Baptist Church received a preliminary injunction against
Kentucky Governor Andy Beshear’s COVID-19 restrictions on religious gatherings. As time
passed and the pandemic waned, the case became moot. The Church nevertheless claimed the
status of “prevailing party” and sought attorney’s fees. 42 U.S.C. § 1988(b). The district court
denied the motion, and the Church appeals.
During the pendency of the appeal we decided another prevailing-party case, Roberts
v. Neace, 65 F.4th 280 (6th Cir. 2023). Roberts addressed Beshear’s COVID-19 restrictions,
preliminary injunctions, mootness, and attendance at Maryville Baptist Church—all features of
this case. We vacate and remand for the district court to apply Roberts in the first instance.
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