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?
Federal Jurisdiction Question Forum
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Re: Federal Jurisdiction Question
That is way too vague to assess based on the facts you've given. Or maybe I just suck at fed courts.
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Re: Federal Jurisdiction Question
I'd kill for a solid Fed Courts outline - such gun, so 3L, me getting a C.
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Re: Federal Jurisdiction Question
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)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?
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Re: Federal Jurisdiction Question
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.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?
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