· 7/19/2023
United States v. Charles Hallinan
Citations
- 75 F.4th 148
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office” and thus the state
- exercising jurisdiction over appeal of a denial of a motion to dismiss “asserting [sovereign] immunity from the entire suit”
- exercising jurisdiction over appeal of a denial of a motion to dismiss “asserting [sovereign] immunity from the entire suit”
- “the question of state-sovereign immunity is . . . conclusively determined by the denial of a motion to dismiss”
- “Defendants have been sued in their official capacities and are therefore representing their respective state agencies (which are proper Title IJ defendants) for all purposes except the Eleventh Amendment.”
- “Supreme Court precedent makes clear that ‘a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office.’” (quoting Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989
Source: CourtListener parenthetical corpus (CC0).
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.