Kentucky, dba Bureau of State Police v. Graham et al.
473 U.S. 159 (1985)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Under 42 U.S.C. § 1988, attorney's fees may not be recovered from a governmental entity when a plaintiff sues government employees only in their personal capacities and prevails, as liability for fees runs with liability on the merits.
Facts:
- Following the murder of a Kentucky state trooper, suspicion focused on Clyde Graham.
- A large group of 30 to 40 city, county, and state police officers, including Commissioner Kenneth Brandenburgh, converged on the home of Graham's father.
- Without a warrant, the police entered the home twice and arrested all six occupants, who are the respondents in this case.
- The occupants alleged that during the raids, they were severely beaten, terrorized, illegally searched, and falsely arrested by the officers.
- Clyde Graham was not present at the house during these events.
- A subsequent investigation by the Kentucky Attorney General's office concluded that the police had used excessive force and that there had been a 'complete breakdown' in police discipline.
Procedural Posture:
- The six occupants (respondents) filed a suit in Federal District Court seeking money damages against various law enforcement officers, the city of Elizabethtown, Hardin County, and Commissioner Brandenburgh in his individual and official capacities.
- The Commonwealth of Kentucky was also named as a defendant, but solely for the purpose of paying attorney's fees if the plaintiffs prevailed.
- The District Court dismissed the Commonwealth as a party, citing the Eleventh Amendment.
- The case was settled mid-trial for $60,000, with an agreement that specifically preserved the plaintiffs' right to seek attorney's fees from the Commonwealth.
- The plaintiffs filed a motion under 42 U.S.C. § 1988 to compel the Commonwealth to pay their attorney's fees.
- The District Court granted the motion and ordered the Commonwealth to pay over $58,000 in fees.
- The U.S. Court of Appeals for the Sixth Circuit affirmed the District Court's fee award.
- The U.S. Supreme Court granted certiorari to review the decision of the Court of Appeals.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does 42 U.S.C. § 1988 permit a plaintiff who prevails in a personal-capacity damages suit against government officials to recover attorney's fees from the governmental entity they represent, which was not a party to the merits litigation?
Opinions:
Majority - Justice Marshall
No. 42 U.S.C. § 1988 does not authorize an award of attorney's fees against a governmental entity where the plaintiff prevails only against government employees in their personal capacities. The Court's reasoning is that liability for attorney's fees under § 1988 is tied directly to liability on the merits. A personal-capacity suit seeks to impose liability on an individual official for actions taken under color of state law, and any judgment is paid from the official's personal assets. In contrast, an official-capacity suit is effectively a suit against the government entity itself. In this case, the damages action against state officials had to be treated as a personal-capacity suit because the Eleventh Amendment bars damages actions against a state in federal court. Since the Commonwealth of Kentucky was not liable on the merits, it cannot be held liable for attorney's fees. A victory against an official in his personal capacity is not a victory against the government entity, and § 1988 does not create fee liability where substantive merits liability is nonexistent.
Analysis:
This case clarifies the critical distinction between personal- and official-capacity suits under 42 U.S.C. § 1983 and its fee-shifting provision, § 1988. By holding that fee liability follows merits liability, the Court prevents plaintiffs from using § 1988 as an end-run around the Eleventh Amendment or other immunities that protect government entities from damages suits. The decision reinforces the principle from Monell that government liability is not based on respondeat superior; an entity is only liable for its own policies or customs, not merely for the actions of its employees. This ruling forces plaintiffs to successfully litigate against the government entity itself to recover fees from the public treasury, thereby protecting government funds from paying for the unauthorized, individual torts of its employees.
Unlock the full brief for Kentucky, dba Bureau of State Police v. Graham et al.