Legal Opinion
Martinez v. Texas Department of Criminal Justice
Court of Appeals for the Fifth Circuit
Decided July 25, 2002No. 00-51135PublishedCited by 51 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
For this interlocutory appeal concerning Eleventh Amendment and qualified immunity, the issues at hand are: whether Texas waived Eleventh Amendment immunity in federal court either by removing this action to federal court or by waiving sovereign immunity in state court under the Texas Whistleblower Act, Tex. Gov’t Code ANN. § 554; and whether Laura Martinez has shown violation of a clearly established constitutional right, thereby depriving the three individual Defendants of qualified immunity. Defendants Texas Department of Criminal Justice (TDCJ),…
2Cases cited34 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
29 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Daniel M. Perez v. Region 20 Education Service CenterCourt of Appeals for the Fifth Circuit · 2002
- United States Ex Rel. Steury v. Cardinal Health, Inc.Court of Appeals for the Fifth Circuit · 2010
- St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management AgencyCourt of Appeals for the Fifth Circuit · 2009
- Terrebonne Parish School Board v. Mobil Oil Corp.Court of Appeals for the Fifth Circuit · 2002
- Rhode Island Department of Environmental Management v. United StatesCourt of Appeals for the First Circuit · 2002
46 more not listed; retrieve them via the Exa API.