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· 8/1/2011

Jachetta v. United States

Citations

  • 653 F.3d 898
  • 2011 U.S. App. LEXIS 15808
  • 2011 WL 3250450

How courts have described this case

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

  • holding that § 1983 only imposes liability upon persons and a federal agency is not a person
  • holding that the Eleventh Amendment barred claims brought against the state in federal court under the federal Takings Clause, but that the plaintiff could seek Supreme Court review if the state court declined to hear the claim
  • holding that the Eleventh Amendment barred claims brought against the state in federal court under the federal Takings Clause, but that the plaintiff could seek Supreme Court review if the state court declined to hear the claim
  • holding the Eleventh Amendment bars claims brought against the state in federal court under the federal Takings Clause, but state courts must be available to adjudicate such claims
  • explaining that 42 U.S.C. § 1983 does not waive sovereign immunity for United States agencies
  • explaining that 25 U.S.C. § 345 waives sovereign immunity “only with respect to ... cases ... seeking an original allotment” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, Graber, Bybee

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.