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richanne96
richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 280
Experience:  Attorney in private practice in Phoenix, AZ
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Can a State Governor ever face a suit under section 1983

Customer Question

Can a State Governor ever face a suit under section 1983 for monetary relief?
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  richanne96 replied 9 months ago.

No, a sitting governor is going to have immunity from a civil rights complaint seeking monetary damages. However, it might be possible to obtain injunctive relief and attorneys fees in certain situations.

Customer: replied 9 months ago.
For Judicial immunity its Stump v. Sparkman, 435 U.S. 349 (1978).
any illustrative case law on the Governor?
Expert:  richanne96 replied 9 months ago.

See Kirby v. Brown, 2013 WL(###) ###-#### (E.D. Calif. 2013) (citing Idaho v. Couer d'Alene Tribe, 521 US 261, 267 (1997)).

Customer: replied 9 months ago.
Can't find Brown case. can you quote from it
Expert:  richanne96 replied 9 months ago.

For the reasons set forth below, the court finds that plaintiff is barred by the Eleventh Amendment from bringing claims against defendant Governor Brown for monetary damages, and is also barred from bringing claims against defendant CDCR for monetary damages and injunctive relief, under Title I of the ADA, the ADEA and § 1983.

According to the Eleventh Amendment, "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of Another State, or by Citizens or Subjects of any Foreign State." The Supreme Court has noted: "The [Eleventh] Amendment . . . enacts a sovereign immunity from suit, rather than a nonwaivable limit on the federal judiciary's subject matter jurisdiction." Idaho v. Couer d'Alene Tribe, 521 U.S. 261, 267,***** 2028, 138 L. Ed. 2d 438 (1997). "The Eleventh Amendment prohibits federal courts from hearing suits brought against an unconsenting state. Though its language might suggest otherwise, the Eleventh Amendment has long been construed to extend to suits brought against a state by its own citizens, as well as by citizens of other [18] states." Brooks v. Sulphur Springs Valley Elec. Coop., 951 F.2d 1050, 1053 (9th Cir. 1991). See also Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 54-55,***** 1114, 134 L. Ed. 2d 252 (1996); Puerto Rico Aqueduct Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144,***** 684, 121 L. Ed. 2d 605 (1993); Austin v. State Indus. Ins. Sys., 939 F.2d 676, 677 (9th Cir. 1991).

Kirby v. Brown, 2013 U.S. Dist. LEXIS 127068, *17-18, 2013 WL(###) ###-####(E.D. Cal. Sept. 4, 2013)

Expert:  richanne96 replied 9 months ago.

Therefore, based on Eleventh Amendment immunity, plaintiff is barred from pursuing claims for monetary damages against defendant Governor Brown, and from bringing claims for both monetary damages and injunctive relief against defendant CDCR under Title I of the ADA, the ADEA and § 1983.

Kirby v. Brown, 2013 U.S. Dist. LEXIS 127068, *20, 2013 WL(###) ###-####(E.D. Cal. Sept. 4, 2013)

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