Federal Jurisdiction & Procedure.docx

3 against state officials in personal capacity ex cop

Info icon This preview shows pages 16–17. Sign up to view the full content.

3. Against state officials in personal capacity (ex. cop) – may sue for damages, injunction, and DJ. iii. Immediate appealability of 11 th Am. immunity Motion to Dismiss denials – the Collateral Order 1. Judicial denial of 11 th Amendment Immunity defense is immediately appealable because this order satisfies the 3 requirements of the collateral order doctrine (but only if appeal re: purely legal issue): a) Order conclusively determines the disputed question; b) Order resolves an important issue (immunity) separate from the merits; and c) Order resolves an issue that is effectively unreviewable on appeal from a final judgment, because purpose of 11 th Am. immunity will be defeated if ∆ must wait until final judgment to seek review of order. iv. 14 th Am. abrogating 11 th Am. immunity [not yet tested] – Congress can statutorily expressly impose liability or financial burden on states for violations of federal law or the Constitution, thereby abrogating 11A bar to suits against states in federal court; must clearly demonstrate Congress’s intent to do so, and only through 14 th Am. v. Art. III does not allow Congress power to abrogate state sovereign immunity in state courts (diff from 11A). 4. Ex Parte Young circumvents 11 th Am. bar a. Ex Parte Young : 11 th Am. does not bar suits for equitable relief against state official in official capacity if : i. No ongoing state proceedings against federal π brought by state official ∆ at time injunction granted, and ii. Basis for injunctive relief either (1) alleged unconstitutionality of state official’s conduct or (2) alleged illegality under federal law (ex. claim to enjoin state official from enforcing unconstitutional state statute.) b. Requirements of Ex Parte Young rule – π must: i. Name as ∆ the responsible state official in official capacity (not state or arm of state – dismiss on 11A). ii. Allege violation of federal Constitutional or statutory law. iii. Sue for prospective/equitable relief (does not apply to suit for damages – b/c could drain state treasury) c. Federal court under 11A cannot use Ex Parte Young to enjoin state official’s action based on state law. 5. Civil rights suits under §1983 against local officials or entities a. 11A provides immunity from suit in federal court only to state ∆s local ∆s have no 11A immunity. i. Suit may be brought against local officials or entities for the 3: damages, injunction, or DJ. ii. Distinguishing local from state officials – federal court will look to state law. b. Local officials in official capacity : if π proves custom or policy so as to establish §1983 liability (can sue for damages). i. Custom or policy : local legislative decisions (laws, ordinances, regulations, zoning, etc.); decisions by final policy makers; deliberate failure to adequately train (can be inferred); inadequate screening (if deliberate indifference to substantial risk that violation of federal law would result).
Image of page 16

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 17
This is the end of the preview. Sign up to access the rest of the document.
  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern