Legal Opinion
American Civil Liberties Union v. Johnson
District Court, D. New Mexico
Decided June 24, 1998No. Civ 98-474 LH/DJSPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HANSEN, District Judge.
THIS MATTER comes before the Court on Defendants’ Motion to Dismiss or Abstain (Docket No. 5), filed May 20, 1998, and Defendants’ Motion to Dismiss Based on the Eleventh Amendment (Docket No. 21), filed June 5, 1998. The Court, having considered the pleadings submitted by the parties, the arguments of counsel, and otherwise being fully advised, finds that the motions are not well taken and will be denied.
BACKGROUND
Plaintiffs have filed suit seeking a declaration from this Court that a recently enacted New Mexico criminal statute regulating…
2Cases cited9 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Baker v. CarrSupreme Court of the United States · 1962
- Pierce v. Society of SistersSupreme Court of the United States · 1925
- Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
- Virginia v. American Booksellers Assn., Inc.Supreme Court of the United States · 1988
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3Cited by4 opinions
- American Civil Liberties Union v. JohnsonCourt of Appeals for the Tenth Circuit · 1999
- American Booksellers Foundation for Free Expression v. DeanDistrict Court, D. Vermont · 2002
- Kilroy v. HustedDistrict Court, S.D. Ohio · 2012
- Union Planters Bank, National Association v. Neal Doniphan Rogers, Jr.Mississippi Supreme Court · 2003