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· 7/1/2005

Simmat v. United States Bureau of Prisons

Citations

  • 413 F.3d 1225
  • 2005 U.S. App. LEXIS 13144
  • 2005 WL 1541070

How courts have described this case

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

  • finding that 5 U.S.C. § 702 operates as “a general waiver of the government’s sovereign immunity from injunctive relief.”
  • noting that claim against prison dentists acting in their official capacities “is in reality against the United States”
  • holding sovereign immunity does not bar inmate from suing Bureau of Prisons for injunctive relief because the Bureau is an agency within the meaning of the Administrative Procedures Act
  • discussing judiciary’s inherent authority to entertain actions seeking to enjoin constitutional violations
  • discussing judiciary’s inherent authority to entertain actions seeking to enjoin constitutional violations
  • “Although nominally brought against the prison dentists, Mr. Simmat’s claim is in reality against the United States.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Hartz, McConnell

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.