Legal Opinion

Stewart v. North Carolina

Court of Appeals for the Fourth Circuit

Decided January 3, 2005No. 04-1138, 04-1166PublishedCited by 89 opinions

1Opinion of the Court

Reversed in part, affirmed in part, and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge GREGORY joined.

OPINION

WILLIAM W. WILKINS, Chief Judge.

The North Carolina Department of Correction (NCDOC), NCDOC officials (the officials), and the State of North Carolina (the State) (collectively, “Appellants”) appeal a district court decision denying their motion to dismiss on the ground of sovereign immunity. For the reasons stated below, we reverse in part, affirm in part, and remand.

I

During spring 2002, NCDOC investigated potential misconduct by…

2Cases cited17 opinions

  1. Hans v. LouisianaSupreme Court of the United States · 1890
  2. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  3. Alden v. MaineSupreme Court of the United States · 1999
  4. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
  5. Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997

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3Cited by89 opinions

  1. Lombardo v. Pennsylvania, Department of Public WelfareCourt of Appeals for the Third Circuit · 2008
  2. Meyers ex rel. Benzing v. TexasCourt of Appeals for the Fifth Circuit · 2005
  3. Independent Living Center of Southern California, Inc. v. Maxwell-JollyCourt of Appeals for the Ninth Circuit · 2009
  4. Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.Court of Appeals for the Seventh Circuit · 2011
  5. Ray Biggs v. NC Dept of Public SafetyCourt of Appeals for the Fourth Circuit · 2020

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