Legal Opinion

Gates v. Collier

District Court, N.D. Mississippi

Decided February 3, 1976No. GC 71-6-KPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

READY, Chief Judge.

This case is before us, on remand from the United States Court of Appeals for the Fifth Circuit, so that we may decide a delicate problem of constitutional interpretation. Does the Eleventh Amendment bar a federal court from assessing attorneys’ fees and litigation expenses against a state defendant which has unsuccessfully defended, in bad faith and in a vexatious and wanton manner, a class action suit brought by penitentiary inmates? We hold that it does not.

This question has found its way to our door by a circuitous route, which must be briefly…

2Cases cited42 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Edelman v. JordanSupreme Court of the United States · 1974
  5. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975

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3Cited by7 opinions

  1. Nazareth Gates v. John Collier, Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1980
  2. Marvin Jones, on His Own Behalf and on Behalf of Those Similarly Situated v. Fred R. Diamond, Etc.Court of Appeals for the Fifth Circuit · 1979
  3. Nazareth Gates, Cross-Appellants, and United States of America, Plaintiff-Intervenor v. John Collier, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1977
  4. Norwood v. HarrisonDistrict Court, N.D. Mississippi · 1976
  5. Nazareth Gates v. John Collier, Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1980

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