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Suing the Government

Suing State Government Employees

Also see: 42 USC 1983

When does the state have to pay employee's legal fees - Aperuta v. Pirrello, 886 A.2d 1081, 381 N.J.Super. 449 (N.J.Super.App.Div. 2005)

Health inspector has immunity for defamation claims about restaurant - Sadallah v. City of Utica, 383 F.3d 34 (Cir2 2004)

Obesity as an ADA Disablity/1983 enforcement of Medicaid - Mendez v. Brown, 311 F.Supp.2d 134 (D.Mass. 2004)

Prison Litigation Reform Act requires exhaustion of remedies in 1983 cases - Booth v. Churner, 532 U.S. 731 (2001); Prison Litigation Reform Act applies to private and federal prisons - Roles v. Maddox, 439 F.3d 1016 (9th Cir. 2006)

Qualified Immunity for State College Administrators in Academic Freedom Case - Vega v. Miller, No. 00-9214 (2d Cir. 11-29-2001)

Brief -Jury may Allocate Liability to Immune Non-Parties - Carroll v. Whitney, No. W1997-00246-SC-R11-CV (Tenn. 10-04-2000)

Meyer v. Walls, 489 S.E.2d 880, 347 N.C. 97 (N.C. 09-05-1997) - Meyer has an excellent discussion of who is a public official and the nature of the immunity of such officials, starting at paragraph 40.

Blitzkie v. State, 241 Neb. 759, 491 N.W.2d 42 (Neb. Oct 23, 1992) - Blitzkie was a farmer who raised SPF (specific pathogen free) pigs for breeding.  His herd allegedly became infected because the state veterinarian did warn him of a disease outbreak.  The court ruled that the state only required warning veterinarians and thus it was discretionary to warn plaintiff so there was no liability.

Supreme Court standards for governmental immunity - Harlow v. Fitzgerald, 457 U.S. 800 (1982)

 

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