Legal Opinion
Pettit v. New Mexico
District Court, D. New Mexico
Decided December 20, 2004No. CIV. 04-1063 JB/RHSPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BROWNING, District Judge.
THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss Complaint, filed November 1, 2004 (Doc. 10). The Court held a hearing on this motion on December 7, 2004. 1 The primary issues are whether the Eleventh Amendment precludes Plaintiff Michael Jude Pettit’s case directly against the Defendant State of New Mexico and whether Pettit has standing to bring this federal lawsuit. Because Pettit has not shown that the State has consented to his suit in federal court or that Congress has abrogated the State’s immunity for his…
2Cases cited36 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Warth v. SeldinSupreme Court of the United States · 1975
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
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3Cited by4 opinions
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