Legal Opinion

Fitzpatrick v. Bitzer

Court of Appeals for the Second Circuit

Decided June 2, 1975No. 740, Docket 74-2581PublishedCited by 75 opinions

1Opinion of the Court

MANSFIELD, Circuit Judge:

The principal question on this appeal is whether, in a suit against a state by its employees attacking its retirement plan as discriminating on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, the Eleventh Amendment bars a federal court from granting, in addition to injunctive relief, monetary damages and attorneys’ fees. We hold that the state is shielded by the Eleventh Amendment against an award of damages but not against an award of attorneys’ fees that is ancillary to the permissible grant of prospective injunc-tive relief..

This…

2Cases cited67 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Edelman v. JordanSupreme Court of the United States · 1974
  5. Marbury v. MadisonSupreme Court of the United States · 1803

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3Cited by75 opinions

  1. Ernst v. RisingCourt of Appeals for the Sixth Circuit · 2005
  2. Francis J. Dwyer v. Edward v. Regan, Individually and as Trustee and Administrative Head of the New York State Employees Retirement SystemCourt of Appeals for the Second Circuit · 1985
  3. Gagne v. MaherCourt of Appeals for the Second Circuit · 1979
  4. Robert Hall v. Medical College of Ohio at ToledoCourt of Appeals for the Sixth Circuit · 1984
  5. Dr. Joseph T. Skehan v. Board of Trustees of Bloomsburg State CollegeCourt of Appeals for the Third Circuit · 1976

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