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Federal Jurisdiction Question
Posted: Tue Mar 31, 2015 10:06 pm
by OutoftheWoods
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?
Re: Federal Jurisdiction Question
Posted: Wed Apr 01, 2015 3:22 am
by hiima3L
That is way too vague to assess based on the facts you've given. Or maybe I just suck at fed courts.
Re: Federal Jurisdiction Question
Posted: Thu Apr 09, 2015 9:34 pm
by InRemington
I'd kill for a solid Fed Courts outline - such gun, so 3L, me getting a C.
Re: Federal Jurisdiction Question
Posted: Thu Apr 09, 2015 9:49 pm
by k5220
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)
Re: Federal Jurisdiction Question
Posted: Thu Apr 23, 2015 9:32 am
by ecrp
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.