Difference between revisions of "42 U.S.C. § 1983"

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'''Injunctive Relief Suits'''
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'''1. Injunctive Relief Suits'''
  
 
In Ex Parte Young <ref>Ex parte Young, 209 U.S. 123 (1908)</ref> the United States Supreme Court concluded that the 11th Amendment did not bar suits against '''state officers''' in federal court for injunctive relief. The state argued that the suit was probibited under the 11th Amendment because they were the real party in interest. The court concluded that the state was not the real party in interest because when he acted unconstitutionally, his authority under the state was stripped.  
 
In Ex Parte Young <ref>Ex parte Young, 209 U.S. 123 (1908)</ref> the United States Supreme Court concluded that the 11th Amendment did not bar suits against '''state officers''' in federal court for injunctive relief. The state argued that the suit was probibited under the 11th Amendment because they were the real party in interest. The court concluded that the state was not the real party in interest because when he acted unconstitutionally, his authority under the state was stripped.  
  
'''State Officer Suits'''
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'''2. State Officer Suits'''
  
  
  
 
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'''3. Waiver'''
'''Waiver'''
 
 
Also, in Lapides v. Board of Regents of Univ. System of Georgia <reg>Lapides v. Board of Regents of Univ. System of Ga., 535 U.S. 613 (2002)</ref>, the Supreme Court concluded  that the state could voluntarily waive sovereign immunity by utilizing a federal removal procedure.
 
Also, in Lapides v. Board of Regents of Univ. System of Georgia <reg>Lapides v. Board of Regents of Univ. System of Ga., 535 U.S. 613 (2002)</ref>, the Supreme Court concluded  that the state could voluntarily waive sovereign immunity by utilizing a federal removal procedure.
  
'''Abbrogation'''
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'''4. Abbrogation'''
 
Using its powers under Article 5 of the 14th Amendment, Congress may abbrogate a state's sovereign immunity.<ref>Fitzpatrick v. Bitzer, 427 U.S. 445 (1976)</ref>
 
Using its powers under Article 5 of the 14th Amendment, Congress may abbrogate a state's sovereign immunity.<ref>Fitzpatrick v. Bitzer, 427 U.S. 445 (1976)</ref>
  

Revision as of 13:14, 10 August 2010

  1. Chisholm v. Georgia, 2 U.S. 419 (1793)
  2. Hans v. Louisiana, 134 U.S. 1 (1890)
  3. Ex parte Young, 209 U.S. 123 (1908)
  4. Fitzpatrick v. Bitzer, 427 U.S. 445 (1976)