Legal Opinion
Smith v. Luther
District Court, N.D. Mississippi
Decided July 21, 1997No. 4:96CV69-EMBPublishedCited by 1 opinion
1Opinion of the Court
OPINION
BOGEN, United States Magistrate Judge.
Defendants move for summary judgment on the grounds that the amended complaint fails to state a claim for relief; that suit against the Mississippi State Tax Commission and the employees of the Commission in their official capacities is barred by the Eleventh Amendment; that claims against the individual defendants in their individual capacities are barred by the doctrine of qualified immunity; and that the state law claim for intentional infliction of emotional distress is barred by the applicable statute of limitations.
FACTS
The parties agree that…
2Cases cited21 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Hunter v. BryantSupreme Court of the United States · 1991
- James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank KleinCourt of Appeals for the Fifth Circuit · 1985
- George WICKS, Sr., Plaintiff-Appellee, v. MISSISSIPPI STATE EMPLOYMENT SERVICES, Et Al., Defendants, Hazel Cook, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1995
- Thomas James Hand v. Stuart Gary, Individually and in His Official Capacity as Deputy SheriffCourt of Appeals for the Fifth Circuit · 1988
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3Cited by1 opinion
- Hervey v. Metlife General Insurance Corp. System Agency of Mississippi, Inc.District Court, S.D. Mississippi · 2001