ELR Citation: ELR 20647
No(s). 73-1973 (6th Cir. Jul 18, 1974)

The Sixth Circuit Court of Appeals files an opinion that withdraws and clarifies its earlier opinion in the case, but does not disturb its prior ruling prohibiting an award of attorney fees against the State of Ohio. The court asserts that the Supreme Court's summary affirmance without opinion of a three-judge district court's award of attorney fees against state officials in Sims v. Amos, a case within the high Court's obligatory appellate jurisdiction, has very little precedential value. The Supreme Court's more recent ruling in Edelman v. Jordan constitutes stronger precedent and is in accord with the circuit court's earlier ruling in this case. Careful study of the Edelman opinion, which held that an award of retroactive welfare benefits was barred by the Eleventh Amendment, leads the court to conclude that the Amendment also prohibits the awarding of attorney fees against unconsenting sovereign states.

For the circuit court's earlier opinion, see 4 ELR 20382. See also Comment, More on Attorney's Fees: Does the Eleventh Amendment Bar Awards Against State Agencies and Officials?, 4 ELR 10132 (Sept. 1974).

Counsel are listed at 4 ELR 20382.