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Sunday, November 28, 2010

Ind. Decisions - Still more on suit between one Indiana state agency and another

Remember this ILB entry from May 27, 2010. The parties were Indiana Protection and Advocacy Services and the Indiana FSSA. At issue was the Eleventh Amendment.

This SCOTUSblog entry from Nov. 26th alerts us to a strikingly similar case, being argued Dec. 1, 2010 before the SCOTUS:

On December 1, in Virginia Office for Protection and Advocacy v. Stewart, the Court will hear argument regarding whether the Eleventh Amendment prohibits an independent state agency from suing state officials in federal court for an injunction to remedy a violation of federal law.
Here is a preview prepared by a professor at John Marshall Law School. A quote:
This case arises from VOPA’s attempts to investigate two deaths and one injury in facilities operated by the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. As part of its investigations, VOPA repeatedly requested certain records related to the deaths and injury, but state officials refused to provide them.

Posted by Marcia Oddi on November 28, 2010 01:16 PM
Posted to Ind. (7th Cir.) Decisions