W. Creekmore Wallace, II v. State of Oklahoma

HOLLOWAY, Circuit Judge.

Plaintiff, W. Creekmore Wallace, II, filed this suit alleging that defendant, the State of Oklahoma, has acted unconstitutionally in denying him attorneys’ fees. The district court dismissed because it lacked subject matter jurisdiction and because the Eleventh Amendment barred the action, and plaintiff appeals. We affirm on the ground that the Eleventh Amendment bars the action.

I

The factual background

The facts as stated in the district court’s order of dismissal are as follows. 1 Plaintiff is an attorney practicing in the State of Oklahoma. In 1974, the District Court…