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· 11/18/2013

Whiting v. United States

Citations

  • 134 S. Ct. 668
  • 187 L. Ed. 2d 442
  • 82 U.S.L.W. 3299
  • 571 U.S. 1036
  • 2013 WL 5744054
  • 2013 U.S. LEXIS 8158

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a community college was not an arm of the state entitled to sovereign immunity
  • explaining that “[t]he Eleventh Amendment generally bars suits in federal court by private individuals against non-consenting states,” and “immunity from suit” applies to “certain actions against state agents and instrumentalities.”
  • alternating between (1) a six-factor test evaluating entity’s structure and treatment under state law and (2) a two-factor test considering extent of state responsibility for judgment and state supervision of the entity
  • no “effective [state] control over decision-making” established when governor appointed four out of ten board members
  • tab reference to “Education” with link to website for Hartland School
  • “Sovereign immunity does not, however, extend to local governments or municipalities.”

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.