NOT RECOMMENDED FOR PUBLICATION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.