Legal Opinion

Holley v. Lavine

Court of Appeals for the Second Circuit

Decided July 13, 1979No. Nos. 1152-1154, Dockets 79-7182, 79-7190 and 79-7207PublishedCited by 50 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

This case raises difficult issues of application of the Eleventh Amendment in suits involving welfare benefits. For reasons given below, we affirm a district court judgment that awards plaintiff such benefits retroactively against a County Social Services Commissioner, denies such an award against a State Social Services Commissioner and awards counsel fees to plaintiff against both defendants.

In April 1975, Gayle McQuoid Holley, individually and on behalf of her six children, sued Abe Lavine, then Commissioner of the New York State Department of Social Services, and…

2Cases cited43 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977

38 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Dolores J. Copeland, Individually and on Behalf of the Class of All Others Similarly Situated v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
  2. Washington v. Seattle School District No. 1Supreme Court of the United States · 1982
  3. Luis J. Laje v. R. E. Thomason General HospitalCourt of Appeals for the Fifth Circuit · 1982
  4. Morabito v. BlumDistrict Court, S.D. New York · 1981
  5. Rabbi Samuel Teitelbaum, Larry and Louise Diehl v. Theodore Sorenson, Dba/waitwell Nursing HomeCourt of Appeals for the Ninth Circuit · 1981

45 more not listed; retrieve them via the Exa API.

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