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Idaho v. Coeur D'Alene Tribe of Idaho, 117 S.Ct. 2028, 138 L.Ed.2d 438 (1997). Young described the officials' act on the basis of which jurisdiction was found in that case "simply [as] an illegal act upon the part of a state official in attempting by the use of the name of the State to enforce a legislative enactment which is void because unconstitutional. Young, accordingly, made it clear from the start that in a federal question suit against a state official, action in violation of valid federal law was necessarily beyond the scope of any official authority, thus rendering the official an individual for Eleventh Amendment purposes and thus obviating an encroachment on the State's immunity. Young, indeed, relied on prior cases in which federal courts had entertained suits against state officers notwithstanding the fact, as the Young Court expressly noted, that state forums were available in which the plaintiffs could have vindicated the same claims. straylight.law.cornell.edu /supct/html/94-1474.ZD.html   (6915 words)

Seminole Tribe v. Florida   (Site not responding. Last check: 2007-11-05) Ex parte Young restored the old simplicity by complementing In re Ayers with the principle that state officers never have authority to violate the Constitution or federal law, so that any illegal action is stripped of state character and rendered an illegal individual act. Young is not an example of a novel rule that a proponent has a burden to justify affirmatively on policy grounds in every context in which it might arguably be recognized; it is a general principle of federal equity jurisdiction that has been recognized throughout our history and for centuries before our own history began. Young would not function here to provide a merely supplementary regime of compensation to deter illegal action, but the sole jurisdictional basis for an Article III court's enforcement of a clear federal statutory obligation, without which a congressional act would be rendered a nullity in a federal court. www.agh-attorneys.com /4_seminole_tribe_of_florida_v_florida.htm   (17805 words)

Elephant Butte Irrigation District of New Mexico v. Department of Interior   (Site not responding. Last check: 2007-11-05) In Ex parte Young, the Supreme Court held the Eleventh Amendment generally does not bar a suit against a state official in federal court which seeks only prospective equitable relief for violations of federal law, even if the state is immune. Ex parte Young, 209 U.S. 123, 159-60 (1908) The Court "recognize[d] that if a state official violates federal law, he is stripped of his official or representative character and may be personally liable for his conduct." Coeur d'Alene Tribe, 521 U.S. at ___, 117 S. Ct. at 2043 (1997) (O'Connor, J., concurring). See Ex parte Young, 209 U.S. at 159-60 (holding that when a state official seeks to enforce a state legislative enactment that is void because unconstitutional, the state officer comes into conflict with the supremacy of the federal law and enjoys no immunity). lw.bna.com /lw/19981124/972188.htm   (4679 words)

bauerly.html The Ex parte Young doctrine permits a lawsuit against a state where the Eleventh Amendment would otherwise prevent it, provided that the named party is the state official in his or her individual capacity rather than the state itself. In Ex parte Young, the Supreme Court held that a federal court's injunction preventing a state officer from enforcing a state statute that allegedly violated the Fourteenth Amendment was not prohibited by the Eleventh Amendment. Despite petitioners' argument that the Ex parte Young doctrine could be applied to their case where the governor had been named individually and the relief sought was prospective—an order to negotiate with the tribe in good faith—the Court upheld the governor's immunity as a state officer. www.law.indiana.edu /fclj/pubs/v50/no2/bauerly.html   (6417 words)

Brief - No Ex Parte Young exception for physicians challenging abortion tort law - Okpalobi v. Foster, 244 F.3d 405 ... The lower court found that their claim fell into the Ex parte Young exception to the 11th amendment bar on citizen suits against the states. Ex parte Young creates a limited exception when the state officials being sued have a specific role in the enforcement of the law that plaintiffs seek to enjoin. To the en banc court, the key to Ex parte Young is that the officers being sued must the officers have "some connection with the enforcement of the act" in question or be "specially charged with the duty to enforce the statute" and be threatening to exercise that duty. biotech.law.lsu.edu /cases/reproduction/okpalobi_brief.htm   (827 words)

In re Ellett Under Ex Parte Young and its progeny, a suit seeking prospective equitable relief against a state official who has engaged in a continuing violation of federal law is not deemed to be a suit against the State for purposes of state sovereign immunity. Ex Parte Young relief is available to remedy continuing violations of federal statutory as well as constitutional law. The Court has recognized that the Ex Parte Young doctrine is based upon the "fiction" that a state officer who violates federal law in his official capacity, pursuant to his authority under state law, is nonetheless not a state agent for sovereign immunity purposes. www.law.com /regionals/ca/opinions/jul/0015128.shtml   (5781 words)

OSCN Found Document:Constitutional Law: MCI Telecommunications Corp. v. Public Service Commission: The Tenth Circuit ... Part II also discusses the origins of Eleventh Amendment immunity, recent Supreme Court decisions regarding the doctrine, and the circuit and district court decisions on immunity in the context of the TCA. Also, the importance of analyzing the applicability of both the Ex parte Young doctrine and the constructive waiver doctrine is increased by the questions surrounding the viability of the constructive waiver doctrine. In holding that Ex parte Young allows a suit against the individual commissioners, the court stated that "it was a straightforward Ex parte Young case." Accordingly, the court simply adopted the holding and reasoning of the Sixth Circuit in Michigan Bell Telephone Co. v. www.oscn.net /applications/oscn/deliverdocument.asp?citeid=434227   (9532 words)

Summit Medical Associates, P.C. v. Pryor   (Site not responding. Last check: 2007-11-05) Accordingly, we affirm in part, reverse in part, and remand this case with instructions to the district court to dismiss Appellees' challenge to the private civil enforcement provision of the partial-birth abortion statute. Under the doctrine of Ex parte Young, 209 U.S. 123 (1908), however, there is a long and well-recognized exception to this rule for suits against state officers seeking prospective equitable relief to end continuing violations of federal law. Accordingly, the judgment of the district court is AFFIRMED in part, REVERSED in part, and REMANDED with instructions to the district court to dismiss Appellees' challenge to the private civil enforcement provision of the partial-birth abortion statute. lw.bna.com /lw/19990810/986129.htm   (6996 words)

Sovereign Immunity Claims in Medicaid Cases Ex parte Young held that Minnesota’s attorney general could be sued in federal court to enjoin him from enforcing an unconstitutional state statute. According to this argument, Ex parte Young does not apply because the plaintiffs are not seeking to bind the state official to mandatory federal requirements. Under the Ex parte Young doctrine, a state official whose actions contravene federal law is deemed to act without authority and cannot invoke the state’s immunity from suit, regardless of whether he or she purports to exercise discretion. www.nls.org /conf2002/sovereign_immunity.htm   (2920 words)

Ex parte Grigsby Ex parte Torres, 943 S.W.2d 469, 472 (Tex. Crim. Ex parte Kirby, 492 S.W.2d 579, 581 (Tex. Crim. Ex parte Thomas, 906 S.W.2d 22, 24 (Tex. Crim. www.bakers-legal-pages.com /cca/opinions/74964.htm   (654 words)

HLS Federalist Society | Ex Parte Ex Parte is a group weblog managed by the Harvard Federalist Society, a student organization of Harvard Law School, and written by its student members. Part of the pro-abortion mythos is that abortion is used only by women in dire circumstances (hence all the tales about "back alley" abortions); if 45% of all women are having abortions, however, it would suggest that abortion is being used primarily as a contraceptive pis aller. On one part were flocks and herds feeding in the pastures, on another all the beasts of chase frisking in the lawns; the sprightly kid was bounding on the rocks, the subtle monkey frolicking in the trees, and the solemn elephant reposing in the shade. fedsoc.blogspot.com /2003_01_01_fedsoc_archive.html   (15033 words)

Ex Parte Young Decided by the United States Supreme Court in 1908, Ex Parte Young largely gutted the 11th Amendment to the Constitution, allowing citizens of other states to sue a state in federal court without first exhausting the resources of the offending state. It required that citizens of other states desiring to sue another state to sue that state in it's own courts and exhaust those resources before taking the matter to federal court. Ex Parte Young allowed a state official, but not the state, to be sued by a citizen of another state when that official was acting outside that laws of the state, effectively negating the 11th Amendment. www.liberty-ca.org /presentations/ex_parte_young.htm   (288 words)

HLS Federalist Society | Ex Parte - Roper v. Simmons   (Site not responding. Last check: 2007-11-05) Ex Parte is a group weblog managed by the Harvard Federalist Society, a student organization of Ex Parte is written by its student members. It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty, resting in large part on the understanding that the instability and emotional imbalance of young people may often be a factor in the crime. exparte.powerblogs.com /posts/1109698815.shtml   (980 words)

Ex Parte Young In 1908, in Ex Parte Young 209 US 123, the Supreme Court declared that since a State could not order or allow any of its officials to violate the Constitution, if an official did violate the Constitution he could no longer represent the State and so could be sued in federal court. For example, in Ex Parte Young Minnesota Attorney General Edward T. Young was accused of violating a company's economic rights under the 14th Amendment. Young, for the purpose of this lawsuit, was simultaneously a member of the State government and was not a member of the State government. www.liberty-ca.org /articles/views/privin2002ex_parte_young.htm   (994 words)

USCA1 Opinion 02-1604OPN For nearly a century, the doctrine of Ex parte Young flourished and suits against state officials seeking prospective injunctive relief were commonplace. We assume, without deciding, that the defendants are correct in their assertion that section 1396a(a)(3) offers remedies that are narrower than the prospective injunctive relief available under Ex parte Young. We note at this juncture that the defendants' reading of Seminole Tribe is in direct conflict with the Court's statement there that "we do not hold that Congress cannot authorize federal jurisdiction under Ex parte Young over a cause of action with a limited remedial scheme." 517 U.S. at 75 n.17 (emphasis in original). www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=02-1604OPN.01A   (3087 words)

Utah Bar Journal: An Overview of State Sovereign Immunity The exception is the Ex parte Young doctrine, where the plaintiff seeks only prospective injunctive relief from an individual acting in his official capacity in order to end a continuing violation of federal law, and Congress's intent is to allow for such an action. Applying the rule in the current action, the Court held "that Ex Parte Young was inapplicable to [plaintiff's] suit against the Governor of Florida, and therefore that suit is barred by the Eleventh Amendment and must be dismissed[.]" Id. at 76. "Under the Ex parte Young legal fiction, when an official of a State agency is sued in his official capacity for prospective equitable relief, he is generally not regarded as 'the state' for purposes of the Eleventh Amendment and the case may proceed in federal court." ANR Pipeline Co. v. www.utahbar.org /barjournal/archives/000099.html   (4106 words)

Gregory v It is simply an illegal act upon the part of a state official in attempting to use the name of the State to enforce a legislative enactment which is void because unconstitutional. Allain, 478 U.S. Ex parte Young applies to those cases in which a violation of federal law is ongoing, not to those in which federal law was violated in the past); Milliken v. In Doe, the Court denied Plaintiffs' motion to amend their complaint to utilize the Ex parte Young doctrine because of their lack of standing, see Doe, 148 F.Supp.2d at 478-79; the Court's discussion of Plaintiffs' Title II cause of action in Doe does not discuss the availability of the Ex parte Young doctrine, id. www.deaflaw.org /gregory_v.htm   (5259 words)

USCA6 Opinion 00a0306p.06 Under the doctrine of Ex parte Young, 209 U.S. 123, 159-60 (1908), suits against state officials seeking equitable relief for ongoing violations of federal law are not barred by the Eleventh Amendment. The Supreme Court has underscored the importance of the Ex parte Young doctrine, stating it is an "essential part" of Eleventh Amendment jurisprudence, and must be upheld "if the Constitution [i]s to remain the supreme law of the land." Alden v. Nor is it the case that Commissioners can claim exception from Ex parte Young by arguing they acted within their discretion as granted by the state, as the Supreme Court has said that "the state has no power to impart to. www.michbar.org /opinions/us_appeals/2000/090800/8051.html   (3786 words)

Constructive Waiver and Ex Parte Young Issues   (Site not responding. Last check: 2007-11-05) The fact that review was sought of a prior decision of the utility commission did not take away from the prospective nature of the relief, because the effect of the decision was ongoing. Rather than regarding Young as a generalized exception to Eleventh Amendment immunity, the court finds it “must be carefully circumscribed so as not unduly to erode the important underlying doctrine of sovereign immunity.” 2001 WL 123663 at 14. In contrast, Judge King, in dissent, states that the essence of Young is that “when state officials act in violation of federal law, their acts are stripped of state authority and they have no claim to any protection that might otherwise be provided by the Eleventh Amendment.” Id. www.nsclc.org /federalrights/telecom0301.html   (1722 words)

Verizon Maryland In determining whether the Ex parte Young doctrine avoids an Eleventh Amendment bar to suit, a court need only conduct a "straightforward inquiry" into whether the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective. Farmers' Loan &; Trust Co., 154 U.S. Indeed, Ex parte Young itself was a suit against state officials (including state utility commissioners, though only the state attorney general appealed), to enjoin enforcement of a railroad commission' s order requiring a reduction in rates. Permitting suit under Ex parte Young was thus inconsistent with the "detailed remedial scheme," 517 U.S., at 74-and the limited one-that Congress had prescribed to enforce the State' s statutory duty to negotiate. www.law.com /regionals/ca/opinions/may/001531.shtml   (4677 words)

[No title]   (Site not responding. Last check: 2007-11-05) [FN16] The Ex Parte Young doctrine has been considered necessary by the Supreme Court in order to "vindicate federal rights and hold state officials responsible to 'the supreme authority of the United States."' [FN17] This doctrine is to be construed strictly and narrowly. The Court also suggested that it was curtailing the availability of the Ex Parte Young doctrine for the classic situation of a suit to force state officials to conform to federal law. The district court dismissed these claims against the state and the agencies pursuant to the Eleventh Amendment, but found that the state officials were part of ongoing violations of federal law and thus the Ex Parte Young exception applied to the claims against them. www.nacua.org /jcul/JCUL_Without_Hyperlinks/25_JCUL_225.doc   (10754 words)

Ex parte Merryman and Abraham Lincoln’s Suspension of Habeas Corpus by Andrew Young Ex parte Merryman and Abraham Lincoln’s Suspension of Habeas Corpus by Andrew Young Ex parte Merryman and Abraham Lincoln’s Suspension of Habeas Corpus Andrew Young [ send him mail ] is a senior history major at Kentucky Wesleyan College in Owensboro, Kentucky. www.lewrockwell.com /orig5/young-andrew7.html   (354 words)

97-2188 -- Elephant Butte Irrigation District of New Mexico v. Dept. Of the Interior -- 11/06/1998 The Elephant Butte Irrigation District is a quasi-municipal corporation organized and operating under New Mexico law, while El Paso County Water Improvement District is a Texas public corporation. Under the continuing-claim doctrine, where the party is to make periodic payments, "each successive failure to make proper payment gives rise to a new claim upon which suit can be brought," even when the grounds for refusing to pay occurred more than six years before. A lthough the case is instructive regarding the new limits placed on the Ex parte Young doctrine and the trend toward narrowing its scope, the central holding of Seminole Tribe has little relevance to this present appeal. www.kscourts.org /ca10/cases/1998/11/97-2188.htm   (4690 words)

Seminole Tribe of Florida v. Florida The doctrine of Ex parte Young may not be used to enforce 2710(d)(3) against a state official. Enforcement through an Ex parte Young suit would also make 2710(d)(7) superfluous, for it is difficult to see why a tribe would suffer through 2710(d)(7)'s intricate enforcement scheme if Ex parte Young's more complete and more immediate relief were available. Louisiana, 134 U.S. 1 (1890), has two parts: first, that each State is a sovereign entity in our federal system; and second, that "`[i]t is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent.'" Id., at 13 (emphasis deleted), quoting The Federalist No. 81, p. www.calbaptist.edu /dskubik/seminole.htm   (9615 words)

EOL 490 HEL Cases The doctrine of Ex parte Young may not be used to enforce § 2710(d)(3) against a state official. Enforcement through an Ex parte Young suit would also make § 2710(d)(7) superfluous, for it is difficult to see why a tribe would suffer through § 2710(d)(7)'s intricate enforcement scheme if Ex parte Young 's more complete and [***6] more immediate relief were available. The narrow exception to the Eleventh Amendment provided by the Ex parte Young doctrine cannot be used to enforce § 2710(d)(3) because Congress enacted a remedial scheme, § 2710(d)(7), specifically designed for the enforcement of that right. www.ed.uiuc.edu /courses/eol490hel/Seminole_Tribe_v_Fl.html   (18025 words)

Ex Parte Virginia, 1879 In Ex parte Burford (3 Cranch, 448), such a writ was awarded to review a commitment by the Circuit Court of the District of Columbia, not to review a decision of an inferior court upon a habeas corpus issued by it. All persons within the jurisdiction of the State, whether permanent residents or temporary sojourners, whether old or young, male or female, are to be equally protected. Yet no one will contend that equal protection to women, to children, to the aged, to aliens, can only be secured by allowing persons of the class to which they belong to act as jurors in cases affecting their interests. www.lectlaw.com /files/case24.htm   (7156 words)

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