Newman v. Piggie Park Enterprises, Inc.
United States Supreme Court
390 U.S. 400 (1968)
Newman and other plaintiffs sued Piggie Park Enterprises (defendant), which owned five drive-in restaurants and a sandwich shop, under Title II of the Civil Rights Act of 1964 to enjoin racial discrimination against African-Americans. The district court found undisputed discrimination at all six locations but ruled Title II did not cover drive-in restaurants, enjoining only the sandwich shop. The court of appeals reversed, holding Title II did apply to drive-ins, and on remand instructed the district court to award attorneys' fees only to the extent Piggie Park's defenses had been raised in bad faith to cause delay. The plaintiffs appealed that limitation on fees.
Whether a prevailing plaintiff under Title II of the Civil Rights Act must show the defendant acted in bad faith in order to recover attorneys' fees.