LOCATION: Oklahoma City Board of Education
DOCKET NO.: 90-79
DECIDED BY: Rehnquist Court (1990-1991)
LOWER COURT: United States Court of Appeals for the Sixth Circuit
CITATION: 499 US 432 (1991)
ARGUED: Feb 25, 1991
DECIDED: Apr 16, 1991
Ann M. Sheadel - on behalf of the Respondents
Robert A. Long, Jr. - on behalf of United States, as amicus curiae, in support of the Respondents
Timothy B. Dyk - on behalf of the Petitioner
Facts of the case
Media for Kay v. EhrlerAudio Transcription for Oral Argument - February 25, 1991 in Kay v. Ehrler
Audio Transcription for Opinion Announcement - April 16, 1991 in Kay v. Ehrler
William H. Rehnquist:
The opinion of the Court in No. 90-79, Kay against Ehrler will be announced by Justice Stevens.
John Paul Stevens:
The petitioner in this case is a lawyer who twiced requested the Kentucky Board of Elections to place his name on the Democratic Party's primary ballot for the office of President of the United States.
When the Board refused to do so, he brought suit challenging the constitutionality of the Kentucky statute on which the Board had relied.
He ultimately prevailed and sought an award of reasonable attorney's fee pursuant to the fee shifting provision of the Civil Rights Act.
We granted certiorari to resolve a conflict in the circuits concerning the question whether a lawyer who represents himself in this kind of litigation maybe be awarded such a fee.
For reasons stated in a unanimous opinion, we conclude that such a fee award is not authorized by the statue and therefore, we affirm the judgment of the Court of Appeals for the Sixth Circuit.