· 5/6/2003
Higganbotham v. Oklahoma Ex Rel. Oklahoma Transportation Commission
Citations
- 328 F.3d 638
- 2003 U.S. App. LEXIS 8601
- 2003 WL 21008842
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that 4 Appellate Case: 22-6121 Document: 010110758041 Date Filed: 10/25/2022 Page: 5 “Eleventh Amendment immunity squarely applies” when plaintiff sues “state and its agencies seeking declaratory and injunctive relief”
- considering the risks from Liljeberg and concluding that “none of these risks is present”
- affirming dismissal of complaint challenging constitutionality of Oklahoma act permitting issuance of Garvee bonds and of federal payments to states under 23 U.S.C. § 122
- considering the risks from Liljeberg and conclud- ing that “none of these risks is present”
- noting that the court “independently reviewed th[e] issues de novo and concluded that the plaintiff’s complaint was properly dismissed” and that any “error by the district court judge in not recusing himself would have been harmless under the circumstances of this case”
- finding judge's recusal not warranted even though judge's son was married to governor's daughter, judge and governor were of the same political party, and governor was instigating political force behind the dispute
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Seymour, Ebel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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