· 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 CourtListenerSourced 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.