BOND v. STANTON

No. 75-1459.

528 F.2d 688 (1976)

Louise BOND, Individually and on behalf of her minor children, et al., Plaintiffs-Appellees, v. Wayne A. STANTON, Individually and in his capacity as Administrator of the Indiana State Department of Public Welfare, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1976.

Certiorari Granted June 1, 1976.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Donald P. Bogard, Asst. Atty. Gen., Indianapolis, Ind., for defendants-appellants.

Ivan E. Bodensteiner, Kenneth A. Rathert, Valparaiso University School of Law Valparaiso, Ind., Seymour Moskowitz, Gary, Ind., for plaintiffs-appellees.

Before STEVENS, Circuit Justice, TONE, Circuit Judge, and HOFFMAN, Senior District Judge.


Certiorari Granted June 1, 1976. See 96 S.Ct. 2224.

TONE, Circuit Judge.

This appeal presents the question of whether the eleventh amendment bars the assessment of attorneys' fees against state officials sued in their official capacity under 42 U.S.C. § 1983. We hold that it does not, because we consider ourselves bound by the Supreme Court's summary affirmance in Sims v. Amos, 340 F.Supp. 691 (M.D.Ala.), ...

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