Legal Opinion
Benning v. Board of Regents of Regency Universities
Court of Appeals for the Seventh Circuit
Decided March 26, 1991No. 90-1626PublishedCited by 20 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
To resolve this case, we cautiously venture into the dense tangle of fictions shrouding the doctrine of sovereign immunity. Matthew Benning filed this diversity tort action against various officials and employees of Northern Illinois University (NIU) alleging that he suffered extensive injuries as a result of their negligence. The district court dismissed Benning’s claims based upon the Eleventh Amendment and Illinois law, which confers exclusive jurisdiction over tort suits against the state upon the Illinois Court of Claims. We affirm.
I
At the time this accident…
2Cases cited34 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
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3Cited by20 opinions
- Pedro Leonardo Mascheroni v. Board of Regents of the University of California, University of California, Los Alamos National LaboratoryCourt of Appeals for the Tenth Circuit · 1994
- Charles Murphy v. Robert SmithCourt of Appeals for the Seventh Circuit · 2016
- Msa Realty Corporation v. State Of IllinoisCourt of Appeals for the Seventh Circuit · 1993
- Smith v. AvinoCourt of Appeals for the Eleventh Circuit · 1996
- MSA Realty Corp. v. IllinoisCourt of Appeals for the Seventh Circuit · 1993
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