The Civil Rights Attorney's Fees Awards Act of 1976, 90 Stat. 2641, provides:

“In any action or proceeding to enforce a provision of sections 1977, 1978, 1979, 1980, and 1981 of the Revised Statutes, title IX of Public Law 92-318, or in any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation of, a provision of the United States Internal Revenue Code, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the cpsts.”

This statute is codifiéá in 42 U. S. C. § 1988; in the codification § 1979 of the Revised Statutes has been renumbered to refer to § 1983 of Title 42 of the United States Code.

The action was filed against petitioner’s predecessor in oflice, Nicholas Norton, Commissioner of Welfare of the State of Connecticut. The title of the position has since been changed to “Commissioner of Income Maintenance.” We shall simply refer to the Commissioner as “petitioner.”

Connecticut’s Department of Social Services Manual provided that only certain enumerated expenses could be deducted; the amounts allowed *125for lunches and automobile transportation were limited to 50 cents per working day and 6 cents per mile respectively. App. 66. The complaint alleged that respondent's actual transportation expenses were 13.9 cents per mile and that her meal expenses amounted to $1.65 per day. Id., at 8.

The statute requires States to take into reasonably attributable to the earning of . . . income.” In Shea v. Vialpando, 416 U. S. 251, this Court held that participating States could not place arbitrary limits on the amount of work-related expenses that could be claimed by recipients. Although States may use standardized allowances for the sake of administrative convenience, they must give recipients the opportunity to demonstrate that their actual expenses exceed the standard.

In her complaint respondent alleged:

“28. Defendants’ practice and policy constitute an against persons whose work-related expenses exceed the allowances set forth in Index 332.31 and violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by forbidding plaintiff and the class she represents ever from controverting the presumption that their work-related expenses exceeding the transportation and food allowances of Index 332.31 are reasonable.

“32. Defendants’ practice and policy violate the Fourteenth Amendment to the United States Constitution in that:

“a) Defendants’ practice sumption that the plaintiff’s work-related transportation and lunch allowances are unreasonable and operate to deny plaintiff and the class she represents a fair opportunity to rebut it.

“b) The standard lunch and transportation aEowances Index 332.31 are arbitrary in that they were not developed by a statisti-caUy fair averaging, nor do they reflect current prices.” App. 9-10.

“Every person, who, under color any custom, or usage, of any State or Territory, subjects or causes to be sub*126jected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”

Title 28 U. S. C. §§ 1343 (3) and (4) provide as follows:

“The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

“(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;

“(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.”

As is customary, the consent decree did not purport to adjudicate respondent’s statutory or constitutional claims. Rather, it explicitly stated that “[n]othing in this Consent Decree is intended to constitute an admission of fault by either party to this action.” App. 76.

The court rejected petitioner’s constitutional claim on two grounds. First, it held that the Eleventh Amendment does not apply to an award of attorney’s fees because such fees are ancillary to the imposition of prospective relief within the reasoning of Edelman v. Jordan, 415 U. S. 651. Second, the court held that, even if the Eleventh Amendment did apply, Congress had the power to authorize the assessment of fees in a case such as this under the Fourteenth Amendment:

“The State contends, however, that Congress’ power under the Fourteenth Amendment to override state sovereign immunity extends only to suits in which a party prevails on a constitutional claim. On this view, Congress cannot validly authorize a fee award against a state in the absence of a judicial determination that plaintiff had a meritorious constitutional claim. We disagree. We think it is within Congress’ Fourteenth Amendment power to authorize a fee award when a party prevails on a statutory claim as long as the pendent constitutional claim is a substantial one and arises out of the same operative facts. Such a fee award furthers the Congressional goal of encouraging suits to vindicate constitutional rights without undermining the longstanding judicial policy of avoiding unnecessary decision of important constitutional issues. As we understand the *128Supreme Court decisions, any appropriate means of implementing the Fourteenth Amendment overrides the State’s Eleventh Amendment rights, see, e. g., Fitzpatrick v. Bitzer, supra, 427 U. S., at 453, 456; Katzenbach v. Morgan, 384 U. S. 641, 648-650 (1966). We hold that the authorization of attorneys’ fees to be awarded under the standards set forth above is an appropriate way to achieve the competing goals described above.” (Emphasis in original.) 594 F. 2d, at 342-343.

Petitioner ignores the fact that respondent did allege constitutional claims which the District Court and the Court of Appeals both found to be sufficiently substantial to support federal jurisdiction under Hagans v. Lavine, 415 U. S. 528. Under these circumstances petitioner could not have prevailed on his statutory argument even if the Court had reached the opposite result in Thihoutot. See n. 15, infra.

The jurisdictional statute at issue in Chapman, 28 U. S. C. § 1343, specifically limits district court jurisdiction to cases in which the plaintiff alleges a violation of a right secured by the Constitution or by a federal statute “providing for equal rights” or “civil rights.” Inasmuch as it does not create substantive rights at all, but merely provides a remedy for the violation of rights conferred by the Constitution or other statutes, § 1983 does not fall within the category of statutes providing for equal rights or civil rights. Therefore, there is not automatically federal jurisdiction under § 1343 whenever a plaintiff files a § 1983 claim; rather, the court must look to the underlying substantive right that was allegedly violated to determine whether that right was conferred by the Constitution or by a civil rights statute.

Section 1988 does not contain language like that in § 1343. Rather, § 1988 provides that attorney’s fees may be awarded to the prevailing party “[i]n any action or proceeding to enforce [§ 1983].” Although the reference to actions “to enforce” § 1983 is somewhat imprecise in light of the fact that § 1983 does not itself create substantive rights, the legislative history makes it perfectly clear that the Act was intended to apply in any action for which § 1983 provides a remedy. See Maine v. Thiboutot, ante, at 9-10.

The Eleventh Amendment provides:

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

The Eleventh Amendment issue was not before the Court in Thiboutot because that case involved an award of fees by a state court pursuant to § 1988. Ante, at 9, n. 7.

“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

Referring to the argument of the Attorney General, we said:

“[H]e argues that these plain indications of legislative intent are not enough. In his view, Congress must enact express statutory language making the States hable if it wishes to abrogate their immunity. The Attorney General points out that this Court has sometimes refused to impose retroactive liability on the States in the absence of an extraordinarily explicit statutory mandate. See Employees v. Missouri Public Health & Welfare Dept., 411 U. S. 279; see also Edelman v. Jordan, 415 U. S. 651. But these cases concern retroactive liability for prelitigation conduct rather than expenses incurred in litigation seeking only prospective relief.

“The Act imposes attorney’s fees ‘as part of the costs.’ Costs have traditionally been awarded without regard for the States’ Eleventh Amendment immunity. The practice of awarding costs against the States goes back to 1849 in this Court. See Missouri v. Iowa, 7 How. 660, 681; North Dakota v. Minnesota, 263 U. S. 583 (collecting cases). The Court has never viewed the Eleventh Amendment as barring such awards, even in suits between States and individual litigants.

“In Fairmont Creamery Co. v. Minnesota, 275 U. S. 70, the State challenged this Court’s award of costs, but we squarely rejected the State’s claim of immunity. Far from requiring an explicit abrogation of state immunity, we relied on a statutory mandate that was entirely silent on the question of state liability. The power to make the award was supported by ‘the inherent authority of the Court in the orderly administra*132tion of justice as between all parties litigant.’ Id., at 74. A federal court’s interest in orderly, expeditious proceedings ‘justifies [it] in treating the state just as any other litigant and in imposing costs upon it’ when an award is called for. Id., at 77.

“Just as a federal court may treat a State like any other litigant when it assesses costs, so also may Congress amend its definition of taxable costs and have the amended class of costs apply to the States, as it does to all other litigants, without expressly stating that it intends to abrogate the States’ Eleventh Amendment immunity. For it would be absurd to require an express reference to state litigants whenever a filing fee, or a new item, such as an expert witness’ fees, is added to the category of taxable costs.” 437 U. S., at 696-697 (footnotes omitted).

The legislative history makes it clear that Congress intended fees to be awarded where a pendent constitutional claim is involved, even if the statutory claim on which the plaintiff prevailed is one for which fees cannot be awarded under the Act. The Report of the Committee on the Judiciary of the House of' Representatives accompanying H. R. 15460, a bill substantially identical to the Senate bill that was finally enacted, stated:

“To the extent a plaintiff joins a claim under one of the statutes enumerated in H. R. 15460 with a claim that does not allow attorney fees, that *133plaintiff, if it prevails on the non-fee claim, is entitled to a determination on the other claim for the purpose of awarding counsel fees. Morales v. Haines, 486 F. 2d 880 (7th Cir. 1073). In some instances, however, the claim with fees may involve a constitutional question which the courts are reluctant to resolve if the non-constitutional claim is dispositive. Hagans v. Lavine, 415 U. S. 528 (1974). In such cases, if the claim for which fees may be awarded meets the 'substantiality’ test, see Hagans v. Lavine, supra; United Mine Workers v. Gibbs, 383 U. S. 715 (1966), attorney’s fees may be allowed even though the court declines to enter judgment for the plaintiff on that claim, so long as the plaintiff prevails on the non-fee claim arising out of a 'common nucleus of operative fact.' United Mine Workers v. Gibbs, supra, at 725.” H. R. Rep. No. 94-1558, p. 4, n. 7 (1976).

Petitioner seeks to distinguish this case from Hutto v. Finney on the ground that Hutto involved an adjudication of a constitutional violation, rather than a statutory violation. However, as Mr. Justice Rehnquist noted in his dissent, 437 U. S., at 717-718, the underlying claim in Hutto was predicated on the Eighth Amendment as made applicable to the States by the Fourteenth Amendment rather than on any substantive provision of the Fourteenth Amendment itself. The prisoners’ claim in Hutto was therefore arguably more analogous to the statutory claim involved in this ease than to the constitutional claims asserted here or to the equal protection claim asserted in Fitzpatrick v. Bitzer, 427 U. S. 445.