Legal Opinion
Stallworth v. Alabama Department of Mental Health & Mental Retardation
District Court, M.D. Alabama
Decided August 10, 2011No. Case 2:10-cv-918-MEFPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MARK E. FULLER, District Judge.
This cause is before the Court on Defendant Alabama Department of Mental Health & Mental Retardation’s (“the Department”) Motion to Dismiss (Doc. #5), filed on November 3, 2010. The Department seeks dismissal on the basis that, because it is entitled to Eleventh Amendment immunity, this Court lacks subject matter to proceed against the Department. For the following reasons, the Motion to Dismiss is due to be GRANTED.
FACTS 1 AND PROCEDURAL HISTORY
On September 28, 2010, three individually named plaintiffs (“the Plaintiffs”) filed suit…
2Cases cited11 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Alden v. MaineSupreme Court of the United States · 1999
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
- Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
- McElmurray v. CONSOLIDATED GOV'T, AUGUSTA-RICHMOND COUNTYCourt of Appeals for the Eleventh Circuit · 2007
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3Cited by1 opinion
- Anderson v. Board of RegentsDistrict Court, N.D. Georgia · 2011