· 1/17/1989
Carvel Bright Frank Ledford v. Harold McClure Individually and in His Official Capacity, a Clerk of the Superior Court of Clay County, North Carolina
Citations
- 865 F.2d 623
- 1989 U.S. App. LEXIS 341
- 1989 WL 1858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that state had Eleventh Amendment immunity from suit brought against state court clerk in official capacity
- \[P]ublic officials . . . are clothed with qualified immunity in the per- formance of discretionary functions.\
- “Congress has made no move to impose § 1983 liabilities upon states, and North Carolina has done nothing to waive its immunity.” (citations omitted)
- “action against [a Clerk of Superior Court] in his official capacity is clearly one against the state of North Carolina”
- “The action against the defendant [clerk of court] in his official capacity is clearly one against the state of North Carolina.”
- Congress has not imposed § 1983 liability upon states, and the state of North Carolina has done nothing to waive its immunity
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, Wilkins, Haynsworth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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