United States v. Bourjaily

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 Supreme Court has consistently interpreted the Eleventh Amendment as also prohibiting a suit against a State by a citizen of that same State”
• noting that Section 1983 “complaints often fail to specify clearly whether a suit is an official-capacity suit,” and finding that “the actual result of the proceedings is often the best evidence of the nature of the liability sought to be imposed”
• stressing “the context of the instant case—a hearing to determine the custody of a child”
• discussing the two exceptions to 6 While Kugler spoke in the context of criminal prosecutions, the Court has held that the same standard applies in the civil context. Moore v. Sims, 442 U.S. 415, 423 (1979). 10 No. 06-3900 the Younger doctrine
• “[T]he Supreme Court has consistently interpreted the Eleventh Amendment as also prohibiting a suit against a State by a citizen of that same State[.]”
• Younger abstention barred consideration of father’s claims that his due process rights were violated when he was not given notice of a hearing to place his daughter in protective custody after he was accused of abusing her

Source: CourtListener parenthetical corpus (CC0).