Wimley v. Rudolph

OPINION

WHITE, Justice.

The issue in this case is whether plaintiff can combine an original action under 42 U.S.C. § 1983 with a petition for judicial review under the Uniform Administration Procedures Act when the sole relief requested under the Section 1983 claim is an award of attorney fees. We affirm the Court of Appeals’ decision allowing plaintiff an award of attorney fees.

Plaintiff, a recipient of Aid for Dependent Children (AFDC) benefits, contacted the Department of Human Services (DHS) when she learned she would be receiving inheritance from her uncle’s estate. She was told to keep a…