New York State National Organization For Women v. Terr

159 F.3d 86 (2nd Cir. 1998)

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Nature of the Case

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Facts

Ds were engaged in various actions in violation of Ps' rights. The court found Ds in contempt for violation of an earlier injunction and granted Ps' motion to reinstate the earlier finding of contempt, and imposed coercive fines. Ds could purge themselves of contempt and be relieved of the obligation to pay the fines by obeying the injunction and publicly declaring their intention to comply with the injunction. An award of attorney's fees to Ps for prevailing on their contempt motions and civil rights claim was also made. Ds appealed contending that (1) the contempt sanctions should be vacated for mootness because defendants have not violated the injunctions in over seven years or because of the enactment of the Freedom of Access to Clinic Entrances Act of 1994; (2) the fines, notwithstanding the opportunity to purge, are a criminal penalty that may not lawfully be imposed because defendants were not afforded procedural protections required by the Constitution for criminal proceedings; (3) attorney's fees awarded to plaintiffs for prosecuting contempt motions were improperly reinstated; (4) attorney's fees awarded to plaintiffs under 42 USC 1988 were improperly reinstated; and (5) the motion for reinstatement of sanctions was time-barred.