Legal Opinion
Bibbs v. Newman
District Court, S.D. Indiana
Decided February 27, 1998No. IP 95-1490-C H/GPublishedCited by 26 opinions
1Opinion of the Court
ENTRY ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND RELATED MOTIONS
HAMILTON, District Judge.
This civil rights case presents several questions of law about the employment of deputy prosecuting attorneys in Indiana. As explained below, the court concludes that when an Indiana prosecuting attorney makes employment decisions concerning deputy prosecuting attorneys, the prosecuting attorney acts as a state official for purposes of the Eleventh Amendment to the United States Constitution and 42 U.S.C. § 1983. The court also concludes as a matter of law that a deputy prosecuting attorney is a…
2Cases cited53 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- 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
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3Cited by26 opinions
- Eaton v. Onan Corp.District Court, S.D. Indiana · 2000
- Aumand v. Dartmouth Hitchcock Medical CenterDistrict Court, D. New Hampshire · 2009
- Srivastava v. NewmanCourt of Appeals for the Seventh Circuit · 2001
- Susan Kinder v. Marion County Prosecutor's OfficeCourt of Appeals for the Seventh Circuit · 2025
- Transwitch Corp. v. Galazar Networks, Inc.District Court, D. Massachusetts · 2005
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