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lawsuitplaintiffdefendantattorneyliabilityappealrespondent
plaintiffdefendantattorneyliabilityappealrespondent

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Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099, 87 L.Ed.2d 114, 53 USLW 4966

Facts

Following the murder of a Kentucky state trooper, police conducted a warrantless raid on the home of Clyde Graham's father, arresting all occupants except Graham. The respondents claimed they were subjected to excessive force and other constitutional violations during the raid. They filed a lawsuit under 42 U.S.C. § 1983 against various law enforcement officials, including the Commissioner of the Kentucky State Police, and the Commonwealth of Kentucky, which was only named for potential attorney's fees. The Commonwealth was dismissed based on the Eleventh Amendment, and the case was settled shortly thereafter.

Respondents were arrested following the warrantless raid of a house in Kentucky by local and state police officers who were seeking a murder suspect.

Issue

Whether 42 U.S.C. § 1988 allows attorney's fees to be recovered from a governmental entity when a plaintiff sues governmental employees only in their personal capacities and prevails.

The question presented is whether 42 U.S.C. § 1988 allows attorney's fees to be recovered from a governmental entity when a plaintiff sues governmental employees only in their personal capacities and prevails.

Rule

Liability on the merits and responsibility for fees go hand in hand; where a defendant has not been prevailed against, § 1988 does not authorize a fee award against that defendant. A suit against a government official in his/her personal capacity cannot lead to imposition of fee liability on the governmental entity.

Liability on the merits and responsibilities for fees go hand in hand and, hence, where a defendant has not been prevailed against, § 1988 does not authorize a fee award against that defendant.

Analysis

The Supreme Court analyzed the distinctions between personal-capacity and official-capacity suits, concluding that a victory in a personal-capacity action does not impose liability on the governmental entity. Since the respondents' suit was litigated as a personal-capacity action, the court found that the Commonwealth could not be held liable for attorney's fees under § 1988, as there was no merits liability against the Commonwealth.

To hold that fees can be recovered from a governmental entity following victory in a personal-capacity action against government officials would be inconsistent with the rule that the entity cannot be made liable on the merits under § 1983 on a respondeat superior basis.

Conclusion

The Supreme Court reversed the Court of Appeals' decision, ruling that the award of attorney's fees against the Commonwealth of Kentucky was erroneous.

We conclude that this case was necessarily litigated as a personal-capacity action and that the Court of Appeals therefore erred in awarding fees against the Commonwealth of Kentucky.

Who won?

The petitioner, the Commonwealth of Kentucky, prevailed in the case because the Supreme Court held that attorney's fees could not be awarded against it when the suit was litigated solely as a personal-capacity action.

The Supreme Court, Justice Marshall, held that: (1) liability on the merits and responsibilities for fees go hand in hand and, hence, where a defendant has not been prevailed against, § 1988 does not authorize a fee award against that defendant.

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