People Against Police Violence v. City of Pittsburgh

520 F.3d 226, 2008 U.S. App. LEXIS 5644, 2008 WL 696894
CourtCourt of Appeals for the Third Circuit
DecidedMarch 17, 2008
Docket06-4457
StatusPublished
Cited by52 cases

This text of 520 F.3d 226 (People Against Police Violence v. City of Pittsburgh) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Against Police Violence v. City of Pittsburgh, 520 F.3d 226, 2008 U.S. App. LEXIS 5644, 2008 WL 696894 (3d Cir. 2008).

Opinion

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal we review a District Court’s order awarding attorneys’ fees to plaintiffs pursuant to 42 U.S.C. § 1988(b). Plaintiffs brought this lawsuit to challenge the constitutionality of the City of Pittsburgh’s (“City’s”) ordinance regulating expressive activities in public forums. Plaintiffs’ complaint sought declaratory and permanent injunctive relief; plaintiffs also filed a motion for interim injunctive relief. The District Court granted plaintiffs’ motion and issued a preliminary injunction which prohibited the City from enforcing the challenged ordinance and imposed temporary procedures to govern the issuance of permits for expressive activities in public spaces until the City passed a new ordinance. The District Court also directed the parties to meet and confer regarding the City’s proposals to revise the ordinance and supervised that process as disputes arose. The Court lifted the preliminary injunction and closed the case only after the City passed a revised ordinance which, the parties agreed, corrected all of the alleged constitutional infirmities of the challenged ordinance.

Although several of our sister Courts of Appeals have confronted the question, this appeal requires us to determine for the first time whether 42 U.S.C. § 1988 allows a plaintiff to be the “prevailing party” *229 when it achieves relief on the merits of its claims in the form of a preliminary injunction, but does not secure a final judgment in its favor. Under the circumstances of this case, we find that it does. Because we conclude that plaintiffs were the “prevailing party” in this litigation and that the District Court’s fee award was reasonable, we will affirm the order of the District Court.

I.

Plaintiffs People Against Police Violence (“PAPV”), Thomas Merton Center, and the National Association for the Advancement of Colored People, Pittsburgh Branch, filed a lawsuit under 42 U.S.C. § 1983 raising First Amendment challenges to Chapter 603 of the Pittsburgh City Code, Pittsburgh’s ordinance regulating parades and crowds in public forums. Plaintiffs alleged that on October 3, 2003, PAPV requested a permit from the City of Pittsburgh for a parade to the Allegheny County Courthouse and a rally at the Courthouse, to be held on November 1, 2003. The City informed PAPV that it would grant the permit only on the condition that PAPV prepay costs for police protection. Plaintiffs brought this lawsuit on October 28, 2003 — four days prior to the planned event — because, they asserted, as of that date the City had yet to notify PAPV of the amount of the costs being assessed or to issue the requested permit. The complaint also alleged that PAPV is a small organization which could afford no more than a nominal fee.

Plaintiffs’ complaint detailed the City’s handling of PAPV’s permit request and set forth a long history of prior alleged First Amendment abuses under Chapter 603. It alleged that the City’s permitting procedures were unconstitutional, both facially and as-applied, in at least three ways: (1) they gave City officials excessive discretion regarding the use of public forums; (2) they imposed unconstitutional financial obligations on groups wishing to engage in expressive activities; and (3) they lacked sufficient procedural due process protections. The complaint also averred that plaintiffs intend to continue organizing and sponsoring marches and rallies in the future. Plaintiffs requested a declaration that Chapter 603 violated the Constitution, a declaration that the City’s assessment of security costs to. plaintiffs violated the Constitution, and a permanent injunction preventing the City. from enforcing the ordinance and from charging event sponsors for security-related costs. 1 Plaintiffs also filed a motion for a temporary restraining order (“TRO”) and/or preliminary injunction.

At the initial hearing before the District Court, held on October 31, 2003, the City represented that it was no longer enforcing Chapter 603 and that it would prepare a revised ordinance to replace it. The City also acknowledged, however, that it had not repealed Chapter 603 and that it had instituted no alternate procedures to govern the issuance of permits for public expressive activities in the interim. The Court granted plaintiffs’ motion for temporary injunctive relief, concluding that Chapter 603 “was facially unconstitutional under the First Amendment ... as applied to the states through the due process clause of the Fourteenth Amendment.” App. at 31. It also ruled that, if the City no longer enforced that ordinance, a permit regime devoid of any prescribed process would also be unconstitutional. The Court’s TRO prohibited the City from enforcing Chapter 603, prohibited the City *230 from assessing security-related costs to permit applicants, and imposed temporary procedures to govern the City’s issuance of permits until the City passed a constitutionally adequate ordinance. The Court also directed the parties to meet and confer regarding the City’s proposed revisions and ordered the City to submit its proposals to the Court.

The City submitted its initial proposal for a revised ordinance shortly thereafter. At a second hearing before the District Court, on November 25, 2003, the Court heard arguments regarding the proposal and, without ruling on the constitutionality of it, indicated that it found several aspects of the proposal constitutionally problematic and gave the City a “clear signal” that at least one aspect of it “would make [the ordinance] facially unconstitutional.” App. at 90. The Court converted its TRO into a preliminary injunction and continued it otherwise unchanged. The Court also requested further briefings from the parties regarding particular aspects of the draft ordinance which the Court found troubling. The City took no appeal from the entry of the preliminary injunction.

The City presented a second draft of its revised ordinance to plaintiffs in December 2003. The City formally repealed Chapter 603 on February 24, 2004, and promptly filed a motion to lift the injunction and dismiss the lawsuit as moot.

At a third hearing held on February 27, 2004, the Court heard testimony and argument regarding the City’s motion to dismiss and regarding the terms of the permitting procedures set forth in the preliminary injunction. The Court also entertained arguments by plaintiffs that the City’s response to recent permit applications had violated the preliminary injunction, and that the City’s second draft ordinance failed to address some of their core complaints regarding, for example, the City’s assessment of fees and costs. The Court denied the City’s motion to dismiss, finding that, because the City had merely repealed Chapter 603 but had yet to adopt any procedures to take its place, the action was not moot. The Court also indicated that the City had violated the injunction. After the Court denied the City’s motion to dismiss, the City consented to the injunction, and the Court therefore continued the preliminary injunction in effect with certain modifications agreed to by the parties.

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Bluebook (online)
520 F.3d 226, 2008 U.S. App. LEXIS 5644, 2008 WL 696894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-against-police-violence-v-city-of-pittsburgh-ca3-2008.