Sovereign Immunity/ EP/ First Amendment

[BOR]

Are you just making this claim or do you have something to back up your assertion?

The back up is the language of the 11th itself.

It only deals with suits against a state by a resident of another state.

It has nothing to do with a person in Ohio suing the state of Ohio in Ohio.

It has nothing to do with a person in Florida suing Florida in Florida.

It has to do with an Ohioan suing Florida in an Ohio federal court.

It also is against the STATE. If a policeman violates your 4th AM rights, it is not a lawsuit against the state. This is why I am asking what are the SPECIFIC facts.

 

[bruceleejr]

State actors and State employees are different. County and Cities are municipalities not subject to sovereign immunity. Police are city or county while highway patrol are state. Thus why you don't see very many suits against highway patrol.

a suit against [state employee] is a suitagainst the State, barred by the Eleventh Amendment.” Greater Los Angeles
Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir. 1987). A lawsuit against employees of the [State] is also subject to Eleventh Amendment
immunity. Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161
(9th Cir. 2003); Bair v. Krug, 853 F.2d 672, 675 (9th Cir. 1988).

Just some info. By chance are you an attorney?

 

[BOR]

Just some info. By chance are you an attorney?

No, I am not and I keep asking for the SPECIFIC facts, but you do not care to share them.

Here is one of the cases you copied and pasted. You can't simply cite a case and expect it to be in context. SPECIFIC fatcs relate to specific cases.

318 F3d 1156 Simmons v. Sacramento County Superior Court | Open Jurist

 

[BOR]

BOR, he is seeking to show that restraining orders are unconstitutional. Read his multitude of other posts on the topic and you will get the idea.

I see that now.

I was trying to get some specific facts.

Posted before:


....Whenever you sue a state official/ actor it triggers 11th unless you sue them in their individual capacity...

A police officer is a state actor. That is why I said the post is not true.

 

[bruceleejr]

I see that now.

I was trying to get some specific facts.

Posted before:


....Whenever you sue a state official/ actor it triggers 11th unless you sue them in their individual capacity...

A police officer is a state actor. That is why I said the post is not true.

Police officers are state actors for purposes of sec 1983 but police departments are not part of the state.

11th Amendment legal definition of 11th Amendment. 11th Amendment synonyms by the Free Online Law Dictionary.

I am done. I have cited cases on point and you take and the holding is sovereign immunity applies when you sue the state or state employees.

Municipalities do not have sovereign immunity which includes police officers. I cited the humphries case.

Now I'm done because I state cases and you simply say it is not true without any support when this is well known by any civil rights attorney.

 

[BOR]

I am done also. Your 1st post stated there wasa possible Equal Protection violation/1st AM violation.

A state can NOT violate the EP clause or 1st AM and claim immunity.

 

[bruceleejr]

I see that now.

I was trying to get some specific facts.

Posted before:


....Whenever you sue a state official/ actor it triggers 11th unless you sue them in their individual capacity...

A police officer is a state actor. That is why I said the post is not true.

Did you read the holding in the case?

2. Plaintiff cannot state a claim against the Sacramento County Superior Court (or its employees), because such suits are barred by the Eleventh Amendment. See Will v. Mich. Dep't of State Police, 491 U.S. 58, 70, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (holding that "`arms of the State' for Eleventh Amendment purposes" are not liable under § 1983); Greater L.A. Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir.1987) (holding that state courts are arms of the state for Eleventh Amendment purposes).

did you notice the court did not apply sovereign immunity to the Sheriff just the court employees as "arms of the state"? Why wouldn't the Sheriff be lumped together with the other state employees? it is because he is not an employee of the state but the county.

The facts I am trying to find is if a state agency retaliates for complaints that gives rise to a first amendment retaliation claim how can you by pass SI?

Also if a state has a gender discriminatory policy how can you make out a EP cause against it?

 

[bruceleejr]

I am done also. Your 1st post stated there wasa possible Equal Protection violation/1st AM violation.

A state can NOT violate the EP clause or 1st AM and claim immunity.

Why not? When can they claim and when can they not?

Suing the State (and Other Government Entities)

 

[Zigner]

blah blah blah

I thought you were done?

 

[bruceleejr]

I'm done arguing that point that police are not state employees or have sovereign immunity.

 

[BOR]

I will try it one more time, then I have to vacate the thread.

What you are seeking are remedies for STATUTORY violations.

The EP clause and the 1st AM are CONSTITUTIONAL protections.

No state govt. can violate the federal constitution and claim immunity under the 11th AM.

That's my NON legal opinion.

You can seek assistance of an attorney who is far more educated than I.

 

[bruceleejr]

I will try it one more time, then I have to vacate the thread.

What you are seeking are remedies for STATUTORY violations.

The EP clause and the 1st AM are CONSTITUTIONAL protections.

No state govt. can violate the federal constitution and claim immunity under the 11th AM.

That's my NON legal opinion.

You can seek assistance of an attorney who is far more educated than I.

Hypothetically speaking. Let's say my links said what I claim which includes summaries by attorneys?

Let's say hypothetically I actually am a civil rights attorney, would that change your mind?

Just hypothetically speaking.

Just hypothetically speaking what do these case mean regarding states immunity?

Seminole Tribe of Florida v. Florida, 517 U.S. 44

Garrett, 531 U.S. 356


I will tell you this. I don't like how some attorneys on here use their title for their authority. so I won't say what I do so my argument is support by the reasoning and authorities. But I will tell you that I do get to see my clients whenever I want even if they are in prison. I'm not a doctor or any non-legal professional.

 

[Just Blue]

Hypothetically speaking. Let's say my links said what I claim which includes summaries by attorneys?

Let's say hypothetically I actually am a civil rights attorney, would that change your mind?

Just hypothetically speaking.

Just hypothetically speaking what do these case mean regarding states immunity?

Seminole Tribe of Florida v. Florida, 517 U.S. 44

Garrett, 531 U.S. 356


I will tell you this. I don't like how some attorneys on here use their title for their authority. so I won't say what I do so my argument is support by the reasoning and authorities. But I will tell you that I do get to see my clients whenever I want even if they are in prison. I'm not a doctor or any non-legal professional.

We do not do homework. Look up the laws yourself and figure it out. Please stop wasting our time.

Thanks.

 

[BOR]

We do not do homework. Look up the laws yourself and figure it out. Please stop wasting our time.

Thanks.

If the 11th is such a legal hurdle, than he can sue in state court.

If the state Petitions for removal, then any alleged immunity is definitely waived, IMO.

If a 1983 action triggers possible 11th scrutiny, he can find a state law remedy.

 

[Just Blue]

If the 11th is such a legal hurdle, than he can sue in state court.

If the state Petitions for removal, then any alleged immunity is definitely waived, IMO.

If a 1983 action triggers possible 11th scrutiny, he can find a state law remedy.

Darlin' This "person" is looking for someone else to do it's research. With the total crap it has passed your way...I think you are sweet to offer any assistance.

Howz the GF?? Still a beautiful doll??