Legal Opinion
Holladay v. State of Mont.
District Court, D. Montana
Decided January 30, 1981No. CV-80-66-HPublishedCited by 18 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
BATTIN, Chief Judge.
The basic issues raised by defendants’ motion to dismiss are (1) whether a federal court has jurisdiction over a civil rights suit against a state by a former superintendent of a state institution and (2) whether an allegation that a state employer tortiously interfered with an employee’s “right to work in his profession and contractual employment rights” states a cause of action under Montana law.
For the reasons provided below, we conclude that, first of all, this Court lacks jurisdiction over the State of Montana and the State Department of…
2Cases cited27 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Monroe v. PapeSupreme Court of the United States · 1961
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3Cited by18 opinions
- David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1982
- Anthony Della Grotta v. State of Rhode IslandCourt of Appeals for the First Circuit · 1986
- Gumbhir v. Kansas State Board of PharmacySupreme Court of Kansas · 1982
- Smith v. StateMichigan Court of Appeals · 1983
- King v. StateMontana Supreme Court · 1993
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