Climate Change Project

Table of Contents



Suing the Government

Suing State and Local Government

No immunity for injuries caused by police high speed chases - Patrick v. Miresso, No. 45S03-0505-CV-223 (Ind. 06/14/2006) Good discussion of the law governing emergency vehicle operation.

McCarthy v. Hawkins, 381 F.3d 407 (5th Cir. 2004) - state officials can be sued in their official capacity for Ex parte Young claims. This case was brought to force Texas officials to comply with Medicaid and ADA laws.

Dogs are property but can be destroyed if running loose - Altman v. City of High Point, 330 F.3d 194 (4th Cir.(N.C.) 2003) - police officers sued under 42 USC 1983 for shooting bad dogs.

Commerce and Industry Insurance Co. v. Grinnell Corp., 280 F.3d 566 (5th Cir. 2002) - LA TCA construed the same as the FTCA.

Rosie D. v. Swift, 310 F.3d 230 (1st Cir. 2002) - 11th Amendment does not bar Ex Parte Young exception to 1983 actions under Medicaid laws

Sovereign immunity blocks attack on Medicaid reimbursement claims for tobacco-related injuries - Lopes v. Commonwealth, 442 Mass. 170, 811 N.E.2d 501 (Mass. 2004) - good discussion of interrelationship of the tobacco settlement and the state's claim for reimbursement from the decedent's estates of Medicaid nursing home patients.

Oyster Cases - Louisiana Holds State Liable for Not Enforcing Sanitary Code for Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003); No liability for warning physicians and not the public about bad oysters - Simeon v. Doe, 618 So.2d 848 (La. 05-24-1993), also see: Does the state have a duty to warn about bad oysters? - Winstead v. Ed's Live Catfish & Seafood, Inc., 554 So.2d 1237 (La.App. 1 Cir. 1989) also see: 04-0055 Vermilion Parish Police Jury - Police jury's rights and obligations pertaining to pumps located in Vermilion Parish that are being utilized to assist in drainage of low lying areas - discretionary authority immunity.

City can be liable for not preventing lead poisoning through special relationship with victim - Valencia ex rel. Franco v. Lee, 123 F.Supp.2d 666 (E.D.N.Y. Dec 13, 2000)

Brief - Is a state hospital entitled to sovereign immunity? - University of Texas Medical Branch Hosp. at Galveston v. Hardy, 2 S.W.3d 607 (Tex.App.-Hous. (14 Dist.) 1999)

Brief - Medical care not a discretionary function for tort claims act - Ex parte Cranman, 792 So.2d 392 (Ala. 2000)

Choosing to not collect epidemiological information is within agency discretion (good discussion) - Jasa By and Through Jasa v. Douglas County, 244 Neb. 944, 510 N.W.2d 281 (Neb. 1994)

Qualified immunity under 1983 for animal control officer - Helms v. Gamet, 828 F. Supp. 819 (D.Colo. 1993)

Limitations on the State's Duty to Provide Services - DeShaney v. Winnebago Cty. Dep't of Soc. Servs., 489 U.S. 189 (1989)

Miller v. Campbell Cty., 722 F. Supp. 687 (D.Wyo. 1989) - Temporary forced evacuation from home is not a taking for 42 USC 1983

Immunity for city and health officers for imposing smallpox quarantine order - Crayton v. Larabee, 220 N.Y. 493, 116 N.E. 355 (N.Y. May 01, 1917)

Federal injunctions against unconstitutional state actions - Ex Parte Young, 28 S. Ct. 441, 209 U.S. 123 (1908)


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