Libby v. Illinois High School Ass'n

Libby v. Illinois High School Ass'n

Opinion

 [*97]  PELL, Senior Circuit Judge

This case presents the question of whether a party who obtains a temporary restraining order just prior to a case becoming moot can nonetheless be a "prevailing party" for purposes of an award of attorneys' fees. Tanya Libby, then a junior at defendant Romeoville High School (Romeoville), brought suit challenging her inability to play interscholastic soccer. After the entry of a series of temporary restraining orders in Libby's favor, the case was dismissed [**2]  as moot. Libby now appeals from the district court's denial of her petition for attorneys' fees and costs pursuant to 42 U.S.C. § 1988.

I. BACKGROUND

When Libby filed this suit, Romeoville did not have a girls' soccer team due to what it called a lack of interest by its female students. Defendant South Inter-Conference Association (SICA), whose rules prohibited girls from playing in games between boys' teams, sponsored the majority of interscholastic games in which the Romeoville boys' soccer team participated. The Illinois High School Association (IHSA), which also prohibited girls from playing in boys' competitions, sponsored the post-season Boys State Soccer Tournament. Although Romeoville was willing to allow Libby to play soccer on its boys' team, SICA and IHSA rules prohibited her from playing in most of the regular season games and all of the post-season competitions.

On August 26, 1987, shortly before the boys' soccer season began, Libby filed suit for declaratory and injunctive relief. She named as defendants SICA, IHSA, Romeoville, Valley View School District No. 365U, and two officials of Romeoville. The complaint was based on the First and Fourteenth Amendments, Article [**3]  I, § 8 of the Illinois Constitution, and the Illinois School Code.

Judge Rovner referred Libby's request for provisional injunctive relief to Magistrate Bucklo for a report and recommendation. Romeoville, who was aligned with Libby throughout much of the litigation, did not oppose the entry of a temporary restraining order. On September 1, 1987, the Magistrate recommended that a TRO be entered against all defendants other than IHSA, whose post-season tournament did not begin until October 24, 1987. Judge Marshall, acting as emergency judge in Judge Rovner's absence, entered a TRO on the same date against all the defendants other than IHSA. On September 10, 1987, Judge Rovner entered an agreed extension of the TRO.

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