Jump to Navigation
Jump to Content

Sims v. Amos

Citation: 2 ELR 20190
No. No. 1744-N, 340 F. Supp. 691/(M.D. Ala., 03/17/1972)

In instituting their successful challenge to the malapportionment of the Alabama Legislature, plaintiffs have served in the capacity of private attorneys-general to enforce the rights of the class they represent. Because they have benefited their class and effectuated congressional policy, they are entitled to costs and attorneys' fees regardless of defendants' good or bad faith. Under such circumstances the award loses much of its discretionary character and becomes a part of the effective remedy a court should fashion to encourage public-minded suits.

Counsel for Plaintiffs
Morris Dees
Joseph J. Levin, Jr.
3734 Atlanta Highway
Montgomery, Alabama 36109

Charles Morgan, Jr.
52 Fairlie Street
Atlanta, Georgia 30303

Counsel for Defendants
William J. Baxley Attorney General
Montgomery, Alabama 36104

James H. Hancock
Balch, Bingham, Baker, Hawthorne & Williams
600 North 18th Street
Birmingham, Alabama 35210

Before RIVES, Circuit Judge, and THOMAS and JOHNSON, District Judges.