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Tuesday, April 19, 2011

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

This ILB entry from Nov. 28, 2010 began:

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.
The entry continued that there was a strikingly similar case before the SCOTUS, Virginia Office for Protection and Advocacy v. Stewart, where 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.

The SCOTUS issued its opinion this morning in the Virginia case, allowing "a federal court to hear a lawsuit for prospective relief against state officials brought by another agency of the same state." See the SCOTUSblog entry, with links to today's opinion, here.

This May 27, 2010 ILB entry discusses the 7th Circuit rulings, allowing the action requested.

Posted by Marcia Oddi on April 19, 2011 12:24 PM
Posted to Ind. (7th Cir.) Decisions