Climate Change Project

Table of Contents



Suing the Government

Suing State and Local Government Under Federal Law

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.

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.

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

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

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


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