SC Federal Judge Orders Over $197,000 Attorney's Fees, Costs Awarded to Christian Pro-Life Missionary Represented by National Legal Foundation Legal Team in 2005 Greenwood Graphic 'Abortion' Signs Case -- Dec. 1, 2014
COLUMBIA, SC, Dec. 14, 2014 /
Christian Newswire/ -- Senior US District Court Judge Henry Herlong, Jr. issued his
Opinion & Order awarding $197,849.89 in attorney's fees and costs to Christian pro-life missionary Steve Lefemine, director of Columbia Christians for Life, on December 1, 2014. Lefemine has been very ably represented for years by the
National Legal Foundation (NLF), whose President is Steven Fitschen. This case has been adjudicated two different times by a three-judge panel of the Fourth Circuit Court of Appeals [ 2012,
2014 ], and once by the United States Supreme Court [
2012,
per curiam,
Lefemine v. Wideman, 133 S. Ct. 9 (2012) ]. As of this release, neither side has declared an intent to appeal.
The federal lawsuit originated from an incident which occurred over nine years ago in Greenwood, South Carolina on November 3, 2005 during a Columbia Christians for Life (CCL)
'Show the Truth' Tour, in which about 20 men, women, and young adults were presenting a Christian pro-life witness at a busy intersection in Greenwood County. The Greenwood County Sheriff's Office unconstitutionally forced CCL ministry team participants to cease displaying graphic pictures of babies [ children ] murdered by 'abortion' from the sidewalk or along the public right-of-way, both of which are traditional public forums for free speech and peaceable assembly, under the threat of being ticketed for breach of peace. The Title 42 lawsuit was filed October 31, 2008, and the US District Court (SC)
Opinion & Order was issued July 8, 2010. As the same judge repeated in his December 1, 2014 Opinion & Order [ p. 2 ], referring to his July 8, 2010 ruling, "This court held that the Defendants had infringed Lefemine's rights of free speech, peaceable assembly, and free exercise of religion." And so, "The court permanently enjoined the Defendants from "engaging in content-based restrictions on Plaintiff's display of graphic signs without narrowly tailoring its restriction to serve a compelling state interest."" However, "The court denied Lefemine's request for attorney's fees, …" (
Lefemine v. Davis, 732 F. Supp. 2d 624-25, 627 ). So the Christian pro-life position prevailed in the trial court's July 8, 2010 Opinion & Order on the substantive issue of the constitutionally-protected right to display the graphic "abortion" signs, however the US District Court (SC) refused to award Lefemine's legal representation by the National Legal Foundation its due in attorney's fees.
This anti-attorney's fees ruling was upheld by the Fourth Circuit Court of Appeals [ 2012 ], but then reversed by the United States Supreme Court [ SCOTUS ] on November 5, 2012
per curiam [
NLF Press Release ], in which the SCOTUS ruled ( without dissent from any of the nine US Supreme Court Justices. ) that Lefemine was legally a "prevailing party" in this case, and so attorney's fees should ordinarily be recoverable unless there were "special circumstances" (
Lefemine v. Wideman, 133 S. Ct. 11 ).
The case was remanded to the Fourth Circuit; and then to the US District Court (SC); the latter court ruling [ 2013 ] there were special circumstances, again disallowing attorney's fees. However, finally, on appeal, the Fourth Circuit reversed the District Court's finding of special circumstances, remanded the case again to the District Court, this time ordering attorneys' fees be awarded to Lefemine, "a prevailing civil rights plaintiff." [ July 11, 2014 Opinion, p. 20 ].
Steven Fitschen, NLF, says of the case, "We were so grateful to have vindicated Steve Lefemine's constitutional rights of free speech, peaceable assembly, and free exercise of religion back in 2010. And now, over four years later, we are grateful to finally have been awarded fees. These fees will send a message to law enforcement all across the country that when the rights of pro-life protesters are trampled upon, serious consequences follow."
"Glory to God for His Almighty Hand in this case," says Steve Lefemine. "May He be pleased to use this case to encourage Christians in standing for truth in the public square as witnesses unto Jesus, Who Is The Truth ( Acts 1:8, John 14:6, [
KJV ] ). The Lord Jesus Christ says, "... I will build My church; and the gates of hell shall not prevail against it." (Matthew 16:18). I wish also to express my gratitude for the fine work of the National Legal Foundation."
