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ZINN BY BLANKENSHIP v. SHALALA

No. 93-3751.

35 F.3d 273 (1994)

Marguerite ZINN, by her legal guardian Shirley BLANKENSHIP, Elbert Perry, and Jessie Burt, by her next friend Richard A. Clem, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Donna SHALALA, in her official capacity as Secretary of Health and Human Services and Cheryl Sullivan, in her official capacity as Secretary of the Family and Social Services Administration of the State of Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 1994.

Attorney(s) appearing for the Case

Kenneth J. Falk, Dennis K. Frick (argued), Legal Services Organization of Indiana, Inc., Indianapolis, IN, for plaintiffs-appellants.

James Goeser, Dept. of Health and Human Services, Region V, Office of the General Counsel, Chicago, IL, for Donna E. Shalala.

Seth M. Lahn (argued), Office of Atty. Gen., Federal Litigation, Gordon E. White, Jr., Deputy Atty. Gen., General Litigation, Indianapolis, IN, for Cheryl Sullivan.

Before CUMMINGS, MANION and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

This case poses a question of first impression in our circuit — whether the Supreme Court's decision in Farrar v. Hobby, ___ U.S. ___, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992), requires us to abandon our long-held rule that plaintiffs who attain the relief they seek through defendants' voluntary action can be "prevailing parties" for purposes of the civil rights attorney's fees statute, 42 U.S.C. § 1988.

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