Malla Pollack v. Thomas Hogan

How courts have described this case

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

• explaining that whether a plaintiff has asserted a cognizable constitutional right, “and whether any such right is applicable to [the] case, goes to the merits of [the plaintiff’s claim] and not to . . . sovereign immunity”
• rejecting the government’s argument that the Larson-Dugan exception applies to only statutory violations and applying it to a constitutional duty
• “Under [the Larson-Dugan] exception, ‘suits for specific relief against officers of the sovereign’ allegedly acting ‘beyond statutory authority or unconstitutionally’ are not barred by sovereign immunity.”
• “Under [the Larson-Dugan] exception, suits for specific relief against officers of the sovereign allegedly acting beyond statutory authority or unconstitutionally are not barred by sovereign immunity”

Source: CourtListener parenthetical corpus (CC0).