In the case of Kentucky, DBA Bureau of State Police v. Graham et al., 1984, the U.S Supreme Court ruled that a plaintiff cannot recover attorney's fees under section 1988 from a state or its agencies when relief is sought against individual defendants in their personal capacity only. The respondents had filed an action against several officers of the Kentucky Bureau of State Police alleging violation of civil rights during an arrest and subsequent detention. They also sued for damages and attorney's fees under Section 1983 and Section 1988 respectively. However, they later dropped charges against the officers in their official capacities but continued to seek legal costs from them personally as well as from the Commonwealth itself. The court held that since liability on such claims is predicated on personal fault, it would be inappropriate to award attorney’s fees chargeable to public entities based solely on actions taken by officials in their individual capacities.

In the dissenting opinion for Kentucky, DBA Bureau of State Police v. Graham et al., Justice Brennan disagreed with the majority's interpretation of Section 1983. He argued that this section was intended to provide a broad remedy for constitutional violations and should not be narrowly interpreted to exclude certain defendants based on their employment status or function. According to him, excluding police officers from personal liability under Section 1983 would undermine its purpose and leave victims without an effective remedy against those who violate their rights under color of state law. Furthermore, he contended that such exclusion could potentially encourage future misconduct by providing immunity to individuals acting in official capacity while violating citizens' constitutional rights.