Federal Jurisdiction Question

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OutoftheWoods
Posts: 106
Joined: Sun Oct 26, 2014 1:49 pm

Federal Jurisdiction Question

Postby OutoftheWoods » Tue Mar 31, 2015 10:06 pm

Exam review is upon me and with all the issues about standing, sovereign immunity, injunctions and 1983 - lines are getting blurred. Came across a hypo that I'm not sure how to get across. Anyone able to help me out better:

Basically, there's a federal law, that a federal agency is supposed to enforce and enjoin/fine those in violation. private citizen sues for an injunction in federal court to force a *municipality to comply with the fed standard. this is not a 1983 claim.

Is this basically just ex parte v .young? does the citizen suit part of standing also play a role?

hiima3L
Posts: 837
Joined: Sun Mar 25, 2012 10:26 pm

Re: Federal Jurisdiction Question

Postby hiima3L » Wed Apr 01, 2015 3:22 am

That is way too vague to assess based on the facts you've given. Or maybe I just suck at fed courts.

InRemington
Posts: 41
Joined: Sun Jan 27, 2013 9:07 pm

Re: Federal Jurisdiction Question

Postby InRemington » Thu Apr 09, 2015 9:34 pm

I'd kill for a solid Fed Courts outline - such gun, so 3L, me getting a C.

k5220
Posts: 144
Joined: Mon Jan 02, 2012 10:36 pm

Re: Federal Jurisdiction Question

Postby k5220 » Thu Apr 09, 2015 9:49 pm

OutoftheWoods wrote:Exam review is upon me and with all the issues about standing, sovereign immunity, injunctions and 1983 - lines are getting blurred. Came across a hypo that I'm not sure how to get across. Anyone able to help me out better:

Basically, there's a federal law, that a federal agency is supposed to enforce and enjoin/fine those in violation. private citizen sues for an injunction in federal court to force a *municipality to comply with the fed standard. this is not a 1983 claim.

Is this basically just ex parte v .young? does the citizen suit part of standing also play a role?


Did you do like Sandoval in your class? (That's the case where the Court denied a private right of action to enforce disparate impact regulations promulgated by the DOJ under Title VI)

ecrp
Posts: 3
Joined: Sat Sep 27, 2014 4:59 pm

Re: Federal Jurisdiction Question

Postby ecrp » Thu Apr 23, 2015 9:32 am

OutoftheWoods wrote:Exam review is upon me and with all the issues about standing, sovereign immunity, injunctions and 1983 - lines are getting blurred. Came across a hypo that I'm not sure how to get across. Anyone able to help me out better:

Basically, there's a federal law, that a federal agency is supposed to enforce and enjoin/fine those in violation. private citizen sues for an injunction in federal court to force a *municipality to comply with the fed standard. this is not a 1983 claim.

Is this basically just ex parte v .young? does the citizen suit part of standing also play a role?


Ok, so federal agency makes me think standing might be an issue here. I would look at Lujan and Akins. Ex parte young implied rights of action for a claim that doesn't involve 1983, does not work for municipalities, only states - look at Monell.




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