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· 11/20/2015

CITY OF ROCHESTER, MTR. OF

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[a]ctions under Ex parte Young can be brought against both state and county officials”
  • holding that injunctive relief could be sought against a sheriff due to his enforcement of an allegedly unconstitutional eviction procedure
  • indicating merely that the writ of restitution had been served on 9 plaintiffs, but had not been executed, and had not yet expired when plaintiffs commenced 10 this action
  • noting plaintiff suing state official for prospective relief does not necessarily need to proceed under a statutory cause of action, like § 1983, and instead may rely on the “judge-made cause of action recognized in Ex parte Young” (citation omitted)
  • “Section 1983 11 . . . provides judicial officers immunity from injunctive relief even when the common law 12 would not.”
  • “[I]f the judicial who issued the order is entitled to immunity, so too is 21 the executive whoof fdicide rnothing more than execute the order.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.