Hutto v. Finney

On the other hand, Justices Powell, Burger, White, and Rehnquist disagreed with awarding of the attorney's fees and contended that the Civil Rights Attorney Fees Awards Act did not authorize the court of appeals to override the Department of Correction's Eleventh Amendment immunity. The Eleventh Amendment prohibits individuals and companies from suing states, granting this privilege only to other states. Justice Rehnquist further argued that the Constitution did not prohibit isolation for a period longer than 30 days in any straightforward way and that the court of appeals should not penalize the Arkansas treasury for the negligence of the prison officials.