Legal Opinion

Production & Leasing, Ltd., a Nevada Corporation v. Hotel Conquistador, Inc., a Nevada Corporation, Dba Tropicana Hotel and Country Club

Court of Appeals for the Ninth Circuit

Decided April 5, 1983No. 82-5769PublishedCited by 26 opinions

1Per curiam

Appellant seeks civil damages pursuant to 42 U.S.C. §§ 1983,1985(3) and 18 U.S.C. § 1964(c), from, among others, the Nevada Gaming Commission, the Nevada Gaming Control Board, and named members past and present of each entity. The district court granted the state defendants’ motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. We affirm.

Federal courts are without jurisdiction to entertain suits seeking civil damages against a state. Quern v. Jordan, 440 U.S. 332, 337, 99 S.Ct. 1139, 1143, 59 L.Ed.2d 358 (1979). “Where the state is in fact the real…

2Cases cited5 opinions

  1. Quern v. JordanSupreme Court of the United States · 1979
  2. Jackson v. HayakawaCourt of Appeals for the Ninth Circuit · 1982
  3. Dennis O'COnnOr v. State of NevadaCourt of Appeals for the Ninth Circuit · 1982
  4. Ronwin v. ShapiroCourt of Appeals for the Ninth Circuit · 1981
  5. Rosenthal v. State of Nev.District Court, D. Nevada · 1981

3Cited by26 opinions

  1. Ainsworth Aristocrat International Pty. Limited v. Tourism Company of the Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 1987
  2. Kinsey v. NESTOR EXPLORATION LTD.-1981ADistrict Court, E.D. Washington · 1985
  3. James Carey v. Nevada Gaming Control Board Gregory Spendlove State of NevadaCourt of Appeals for the Ninth Circuit · 2002
  4. Robinson v. California Board of Prison TermsDistrict Court, C.D. California · 1998
  5. Randy Jensen v. State Board of Tax Commissioners of the State of IndianaCourt of Appeals for the Seventh Circuit · 1985

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