Hudson v. Pittsylvania County, Virginia
United States Court of Appeals for the Fourth Circuit
774 F.3d 231 (4th Cir. 2014)
- Written by Brianna Pine, JD
Facts
In September 2011, Barbara Hudson (plaintiff) sued Pittsylvania County, Virginia, and its board of supervisors (collectively, Pittsylvania) (defendants), alleging that the county violated the Establishment Clause by opening board meetings with sectarian prayers. On March 27, 2013, the district court entered judgment for Hudson, permanently enjoined Pittsylvania from repeatedly opening meetings with prayers associated with any one religion, and struck the case from the active docket while retaining jurisdiction to enforce the injunction and consider motions for attorneys’ fees and costs. On August 26, 2013, the court awarded Hudson $53,229.92 in fees and costs. On September 18, 2013—175 days after the March 27 order—Pittsylvania filed a notice of appeal in the Fourth Circuit. Hudson moved to dismiss the appeal as untimely under 28 U.S.C. § 1291. Pittsylvania responded that the March 27 order was not a final decision because the district court retained jurisdiction to enforce the injunction and rule on fees and costs.
Rule of Law
Issue
Holding and Reasoning (Duncan, J.)
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