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To: sport

True, but there has to be some legal workup to see if the immunity can be “permitted”.

And as usual, I’m sure “local” politics will not be an issue. /s


69 posted on 06/21/2014 2:08:09 PM PDT by SgtHooper (This is not my tag!)
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To: SgtHooper; sport

The following was pulled form Wiki, so take with a grain of salt. There may be more recent precedent that updates, this, I didn’t check.

Counties and municipalities are not entitled to sovereign immunity. In Lincoln County v. Luning, 133 U.S. 529 (1890), the Court held that the Eleventh Amendment does not bar an individual’s suit in federal court against a county for nonpayment of a debt. (By contrast, a suit against a statewide agency is considered a suit against the state under the Eleventh Amendment. See, e.g., Edelman v. Jordan, 415 U.S. 651 (1974); Ford Motor Co. v. Department of Treasury, 323 U.S. 459 (1945)). In allowing suits against counties and municipalities, the Court was unanimous, relying in part on its “general acquiescence” in such suits over the prior thirty years. William Fletcher, a professor of legal studies at Yale University, explains the different treatment on the ground that in the nineteenth century, a municipal corporation was viewed as more closely analogous to a private corporation than to a state government. Fletcher, note 2.

County and municipal officials, when sued in their official capacity, can only be sued for prospective relief under Federal law.[4] Under state law, however, the Court in Pennhurst noted that even without immunity, suits against municipal officials relate to an institution run and funded by the state, and any relief against county or municipal officials that has some significant effect on the state treasury must be considered a suit against the state, and barred under the doctrine of sovereign immunity.


70 posted on 06/21/2014 2:16:33 PM PDT by SgtHooper (This is not my tag!)
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