WILLIE JAMES GLOVER, PLAINTIFF-APPELLEE,
v.
ALABAMA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS-APPELLANTS

11th Cir. | 1985-02-27
No. 83-7122
753 F.2d 1569 Court of Appeals for the Eleventh Circuit (1985) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

Judgment was ordered against Towns in his individual capacity since the Eleventh Amendment barred recovery for actions taken in his official capacity. Towns’ actions were taken, though, while he was on duty. Throughout the litigation and on appeal, Towns was represented by the Attorney General. Pursuant to the discretionary power of the court to award attorney’s fees under the Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C.A. § 1988, the fact that damages were awarded against Towns in his individual capacity did not preclude the assessment of attorney’s fees against the State. See Williams v. Thomas, 692 F. 2d 1032, 1039 (5th Cir.1982), cert. denied, — U.S.—, 103 S.Ct. 3115, 77 L.Ed.2d 1369 (1983).

IT IS, THEREFORE, ORDERED that the Petitions for Rehearing are DENIED, and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 26), the Suggestion for Rehearing En Banc is DENIED.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Kentucky v. Graham, 473 U.S. 159 (U.S. 1985)
    …2d 30 (CA5 1982) (municipal officials); Morrison v. Fox, 660 F. 2d 87 (CA3 1981) (same). At least one Court of Appeals appears to have reached the same result as that of the lower court in this case. See Glover v. Alabama Department of Corrections, 753 F. 2d 1569 (CA11 1985). See 6 J. Moore, W. Taggart, & J. Wicker, Moore’s Federal Practice § 54.70[1], p. 1301 (1985) (“Costs” are awarded “against the losing party and as an incident of the judgment”); 10 C. Wright, A. Miller, & M. Kane, Federal Practice and…
  • Glover v. Ala. Dep't OF Corr., 776 F.2d 964 (11th Cir. 1985)
    …] PER CURIAM: The district court decision in the above case was affirmed. Glover v. Alabama Department of Corrections, 734 F. 2d 691 (11th Cir.1984). A petition for rehearing was denied with an opinion. Glover v. Alabama Department of Corrections, 753 F. 2d 1569 (11th Cir.1984). The judgment of this court was vacated by the United States Supreme Court for further consideration in light of Kentucky v. Graham, 473 U.S. -, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Alabama Department of Corrections v. Glover, -…

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