Legal Opinion
Giaquinto v. Commissioner of New York State Department of Health
New York Court of Appeals
Decided June 12, 2008PublishedCited by 13 opinions
1Opinion of the Court
*183OPINION OF THE COURT
Jones, J.
At issue is whether petitioner is entitled to recover attorney’s fees from respondent Commissioner of the New York State Department of Health (DOH) under 42 USC § 1988 (b) or whether such claim is barred under the Eleventh Amendment.
Although we see no impediment under Eleventh Amendment sovereign immunity to petitioner recovering attorney’s fees from respondent, we cannot conclude that Supreme Court in fact awarded petitioner relief on federal grounds. Accordingly, we remit this matter to Supreme Court for a determination of (1) petitioner’s claim that…
2Cases cited13 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Papasan v. AllainSupreme Court of the United States · 1986
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Farrar v. HobbySupreme Court of the United States · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Giaquinto v. Commissioner of the New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2012
- Graves v. DoarAppellate Division of the Supreme Court of the State of New York · 2011
- CERBERUS PROPERTIES, LLC v. KIRKMIRE, GARYAppellate Division of the Supreme Court of the State of New York · 2014
- Chavis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Johnson v. LodgeDistrict Court, M.D. Tennessee · 2009
8 more not listed; retrieve them via the Exa API.