Skip to main content
· 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).

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.