Legal Opinion

Duran v. Carruthers

District Court, D. New Mexico

Decided February 11, 1988No. Civ. 77-0721-JBPublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

The defendants in the above-captioned civil action have filed a motion seeking to vacate portions of the consent decree approved and entered by this Court in 1980. 1 As stated in their brief in support of the motion to vacate, “[defendants’ fundamental contention is that portions of the 1980 decree create rights that are not grounded in federal law and thus cannot be enforced by a federal court.” Defendants’ brief, p. 2. The defendants’ motion relies on the eleventh amendment, and related considerations of comity. The motion has been…

2Cases cited33 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Edelman v. JordanSupreme Court of the United States · 1974
  5. Dandridge v. WilliamsSupreme Court of the United States · 1970

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3Cited by18 opinions

  1. Will Stone v. City And County Of San FranciscoCourt of Appeals for the Ninth Circuit · 1992
  2. Stone v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 1992
  3. Duran v. CarruthersCourt of Appeals for the Tenth Circuit · 1989
  4. Ruiz v. JohnsonDistrict Court, S.D. Texas · 1999
  5. Macias v. New Mexico Department of LaborDistrict Court, D. New Mexico · 2014

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