BOND v. STANTON

No. 75-1459.

555 F.2d 172 (1977)

Louise BOND, Individually and on behalf of her minor children, Rose Edwards, as President, New Day Welfare Rights Organization, an unincorporated association, Sara Jude, as President, Gary AFDC Mothers' Organization Welfare Rights Organization, an unincorporated association, Norma Jean Moore, as President, East Chicago Welfare Rights Organization, an unincorporated association, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Wayne A. STANTON, Individually and in his capacity as Administrator of the Indiana State Department of Public Welfare, Marion M. Hilger, Robert M. Curless, Arvella M. Stanton, Robert G. Watson, Jr., James W. Burnett, Jr., Individually and in their capacity as members of the State Board of Public Welfare; John Kelley, Individually and in his capacity as Director of the Lake County Department of Public Welfare, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

May 20, 1977.


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, Valparaiso University School of Law, Valparaiso, Ind., Seymour Moskowitz, Gary, Ind., for plaintiffs-appellees.

Before CUMMINGS and TONE, Circuit Judges, and HOFFMAN, Senior District Judge.


TONE, Circuit Judge.

In Bond v. Stanton, 528 F.2d 688 (7th Cir. 1976), we held that the Eleventh Amendment does not bar the assessment of attorneys' fees against state officials sued in their official capacity under 42 U.S.C. § 1983 and sustained an award against the defendants predicated on the District Court's finding of their bad faith.1 The Supreme Court vacated our judgment and remanded...

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