Cannabis Indica

How this document has been cited

—rights of Indian tribe to self-government under Indian Self-Determination and Educational Assistance Act, 25 USC §§ 450a-450n, and federal treaties, and to immunity from state's imposition of gross receipts tax on Indian school board

- in Section 1983 litigation and one similar citation

We have found that a few state courts, in addition to the federal decisions previously discussed, have concluded that states are "persons" within § 1983.

- in Garcia v. State, 1988

Sovereign immunity and Eleventh Amendment immunity are, of course, distinct concepts, but both immunities are designed to protect the same object—state government.

- in Hill v. Dept. of Corrections, 1987

Part LI—Individual and Official Capacity Lawsuits 3 The courts in the following cases have taken the position that a State is a person under § 1983.

- in Police civil liability: Supreme court cases and materials

Section 1988 relief need not be specifically pled in the original proceedings in order for a court to award attorney's fees.

- in HUMAN DEV. OF ERIE v. Zoning Hearing Bd., 1991

—plaintiff who prevailed on nonfee preemption claim under supremacy clause was entitled to ž 1988 fees on basis of undecided claim, actionable under ž 1983, of violation of enforceable rights under federal law

- in Section 1983 litigation