WASHINGTON (August 16, 2024) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of an important brief with the United States Supreme Court in the case of Lackey v. Stinnie, in which the groups ask the Supreme Court to affirm that plaintiffs have a right to seek legal fees when they successfully challenge laws on a pre-trial motion and it leads to a change in law before a final judgment. The brief can be viewed at FPCLegal.org.

“Petitioner’s interpretation of [42 U.S.C. section 1988] would invite further Second Amendment infringements by incentivizing governments to strategically moot cases after a preliminary injunction has been entered to deprive plaintiffs of attorney’s fees,” argues FPC’s brief. “This risk is especially high for local governments because they can act faster than state legislatures to respond to litigation, and their smaller budgets mean attorney’s fees may represent a significant expense.”

“Federal civil rights statutes were designed to ensure that people could vindicate their rights in court and recover their fees when they prevail,” said FPC President Brandon Combs. “But as we have all witnessed in multiple Second Amendment cases, there is nothing that government actors won’t do to avoid being held accountable for violating constitutional rights. The Supreme Court should make clear that the text of the law means that prevailing parties at any stage of litigation are entitled to recover fees.”

“This case is incredibly important to ensure that individuals and organizations that successfully sue government actors for violations of their rights can recover the costs incurred because of their lawsuit,” said Cody J. Wisniewski, FPCAF’s President and counsel of record for the brief. “The Court should not allow the government to avoid paying for the cost of litigation by simply giving up, which is what they are trying to do here.”

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to the FPC Action Foundation here.