Pate v. Perry

How courts have described this case

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

• state prison guard’s negligence was necessarily imputed to the state under state tort law, so he could only be sued in his official capacity
• “When interpreting Pennhurst, the Fifth Circuit has construed the term ‘state law’ to include both statutory enactments and state common law.”
• where a plaintiff “accuse[s] state officers of violating state common law when acting in the course and scope of their employment, the Eleventh Amendment prevents the litigant from raising the claim in federal court whether the litigant seeks damages or injunctive relief”

Source: CourtListener parenthetical corpus (CC0).