Legal Opinion

David Dwayne Cassady v. Steven D. Hall

Court of Appeals for the Eleventh Circuit

Decided June 15, 2018No. 18-10667PublishedCited by 18 opinions

1Per curiam

*1152 David Cassady appeals the District Court's denial of his motion for garnishment against the Georgia Department of Administrative Services ("GDAS"). We hold that garnishment actions are "suits" under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states' immunity to such garnishments. We accordingly affirm the District Court's denial of the motion.

I

On January 21, 2014, Mr. Cassady, a Georgia inmate, brought suit against Mr. Hall, a state corrections officer, pursuant to 42 U.S.C. § 1983 . Mr.…

2Cases cited10 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997
  4. Mitchell v. FarcassCourt of Appeals for the Eleventh Circuit · 1997
  5. Thomas A. Schopler, D.D.S. v. Rupert BlissCourt of Appeals for the Eleventh Circuit · 1990

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3Cited by18 opinions

  1. Alabama State Conference of the National Association for the Advancement of Colored People v. State of AlabamaCourt of Appeals for the Eleventh Circuit · 2020
  2. Anne Georges Telasco v. The Florida BarCourt of Appeals for the Eleventh Circuit · 2021
  3. BRYAN v. GREENWOOD MOTOR LINES INCDistrict Court, M.D. Georgia · 2023
  4. Duman v. WigandDistrict Court, S.D. Florida · 2025
  5. EL v. DEPARTMENT OF FAMILY AND CHILDREN SERVICES DCSSDistrict Court, M.D. Georgia · 2023

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