· 1/11/1982
United Carolina Bank, Administrator Cta of the Estate of Seymour I. Somberg, Deceased v. Board of Regents of Stephen F. Austin State University
Citations
- 665 F.2d 553
- 1982 U.S. App. LEXIS 22716
- 1 Educ. L. Rep. 1103
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Eleventh Amendment barred a civil rights suit brought by a professor against university officials in their official capacities
- “Most telling is the power of junior colleges to levy ad valorem taxes [as] ... [u]nder Texas law, political subdivisions are sometimes defined as entities authorized to levy taxes.”
- “The majority of decisions concerning the eleventh amendment status of state universities have concluded the institutions involved were arms of the state.”
- The entity “could itself pay such an award because it had substantial unappropriated, separately held, locally generated funds.”
- where an institution’s governing body is elected by local voters rather than being appointed by the governor with the advice and consent of the state senate, it is more likely a political subdivision than an arm of the state
- relying upon Jagnandan v. Giles, 538 F.2d at 1176
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Tate, Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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