Case or Controversy Flashcards
State Action
in order to allege a violation of one’s constitutional rights, the violation must have been committed by the state
Standing
Standing deals with whether the P is the proper party bringing the lawsuit. In order to have standing, the P must demonstrate that she has suffered an:
1) injury in fact
2) that was caused by the government AND
3) a ruling by the court will redress the injury. In other words, the P must have a personal and concrete stake in the outcome.
3rd Party Standing
Standing rules normally bar a litigant from asserting another person’s legal rights. However, there are exceptions that give a third party standing to assert the rights of others. If a plaintiff has standing in her own right and 1) if it would be difficult for the 3rd parties to assert their own rights OR 2) if a close or special relationship exists between them, then the P has 3rd party standing.
Organizational Standing
an association has standing to bring suit on behalf of its members when 1) its members would have standing to sue in their own right 2) the interests it seeks to protect are related to the organization’s purpose, and 3) individual member participation is NOT required.
ESSAY TIP: Look for words organization, association, or members to spot this issue. Additionally, the association will give given an acronym like AOO, AOR, or ACA.
11th Amendment
Despite its literal wording, the 11th Amendment has been interpreted to bar suits by citizens against a state in federal court. This bar applies to all types of suits, whether for damages or injunctive relief. However, the 11th amendment bars suits only when the state has been named a D.
a. The 11th amendment was designed to prevent federal courts from issuing judgments that must be paid out of the state treasury. If the constitution did NOT protect states from private suits for money damages, the federal government would be able to impair the financial integrity of the states.
b. However, there are several exceptions to the 11th Amendment. A suit may be heard in federal court if the state consents by explicitly waiving its 11th Amendment immunity or if Congress acts pursuant to its Section 5 enforcement power of the 14th Amendment. Furthermore, cities and local governments enjoy no immunity under the 11th Amendment
11th Amendment - Sovereign Immunity
Moreover, a state could NOT even be sued in state court without its consent. Under principles of sovereign immunity, a state CANNOT be sued in state court.
11th Amendment - Suits Against State Officials for Damages
state officers may be sued in their personal capacity for damages in federal court. A personal capacity suit seeks to impose individual, personal liability on the government officer for actions taken under color of state law. If the suit actually requests the court to order the officer to pay funds from the state treasury for wrongful acts of the state, the suit will be barred.
11th Amendment - Suits Against State Officials for Injunctive Relief
A suit against a state official to enjoin an ongoing violation of federal law is NOT barred by the 11th amendment. Immunity from federal jurisdiction does NOT extend to individuals who act as officers in violating the law. Thus, private parties may bring an equitable action to force state officer to comply with federal law in the future.
13th Amendment
The 13th Amendment abolish slavery and prohibits involuntary servitude EXCEPT as punishment for a crime. Thus, a person may NOT be compelled to work against his will in satisfaction of a debt. This is the only amendment that applies to private actors as well as the state.
a. However, the 13th amendment has been held inapplicable in a wide range of situations. The term involuntary servitude was intended to cover those forms or compulsory labor akin to slavery and NOT to prohibit enforcement of those duties which individuals owe to the state, such as services in the army, militias, and on the jury
