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· 8/18/2006

Pastrana-Torres v. Corporación De Puerto Rico Para La Difusión Pública

Citations

  • 460 F.3d 124
  • 2006 U.S. App. LEXIS 21151
  • 2006 WL 2382833

How courts have described this case

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

  • recognizing that the power to sue and be sued and enter into contracts suggests that an entity is autonomous from the state
  • noting that mandatory compliance with the APA and mandatory submission of reports to the Puerto Rico governor and legislature indicate Commonwealth control
  • stating that reports to the Governor and the Puerto Rico Legislature indicates control of the entity
  • stating that a Board of Directors governed by members appointed by the Governor, suggest Commonwealth’s control over the entity
  • \[Eleventh Amendment] immunity applies only to the states themselves and entities that are determined to be arms of a state.\
  • “[The entity seeking immunity] has offered no materials substantiating its assertion [that the entity’s entire budget comes from a Commonwealth fund] and ... it has the burden of proof.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Howard, Stafford

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.