Consented Suits Against the Government Flashcards
Stone v. North Carolina Dept. of Labor
Tort claims act - state is liable “under circumstances where [it], if a private person, would be liable to the claimant in accordance with the laws of N.C.
Public Duty Doctrine - bars negligence against a gov’t entity absent a
Exception: (1) special relationship
(2) Special duty
Suits against officers
absolute immunity
Van De Kamp v. Goldstein
Absolute immunity - balance of evils
Imbler - prosecutors are absolutely immune from liability in lawsuits (1983) brought that are “intimately associated with the judicial phase of the criminal process.”
Consider “functional” considerations. (admin task)
2 part test for qualified immunity
judicial officer acting in another official capacity.
If correctional officer engages in discretion then excluded from tort claims act
Bivens
4th Amendment operates as a limitation upon the exercise of federal power. “Where federally protected rights have been invaded, it has been the rule from the beginning that court’s will be alert to adjust their remedies as to frant the necessary relief.”
Old - historically, damages have been the ordinary remedy for an invasion of personal interest in liberty
**Egbert - puts squarely on Congress
Davis & Carison
p. 442
Armstrong
Exception to immunity!
Congress has the power to preclude courts from utilizing equitable relief to enforce federal law.
Majority rule - no right to sue to enforce statue unless statute expressly says so in the text
Armstrong v. Exceptional Chilc Center
Congress has the power to preclude court’s from utilizing equitable relief to enforce federal law.
(1) state failure was the federal government withholding medicaid funding
(2) rate - setting provision is broad/complex (too vague)
Limits on ex parte young doctrine
Supremacy Clause does not grant an implied private right of action intended to preclude relief in statute.
Nashville
Declaratory judgment actions that satisfy the case or controversy requirement under Article III, § 2 of the United States Constitution are within the appellate jurisdiction of the United States Supreme Court.
Cardinal
A finding of non-infringement alone does not justify a court’s refusal to reach the merits of a validity determination.
Standing
Case or controversy
Ripeness
Actual controversy
Steffel v. Thompson
Regardless of whether injunctive relief may be appropriate, federal declaratory relief is not precluded when no state prosecution is pending and a federal plaintiff demonstrates a genuine threat of enforcement of a disputed state criminal statute, whether an attack is made on the constitutionality of the statute on its face or as applied.
Are punitive damages constitutional?
Test:
(1) state law
- common law, shock the conscious
-14th Amendment (de novo)
- imposes limits on punitives
Find an award when grossly excessive
How? BMW guideposts. (1) reprehensibility, (2) disparity bw actual harm & puniitives
(3) diff bw punitives & civil dmgs
(2) no fixed.
Ratio - Campbell (single digit exception) limited to when you can go beyond 9:1
Declaratory Judgment elements
(1) legal rights implicated?
(2) adverse parties
(3) imminent danger
(4) Something that provides a final determination
This will decide the matter unless the author of the will is still alive.
** LASI**
Wallace - p. 469
Discretion on ct. on issuing declaratory judgment even if elements are met.
