Legal Opinion

Sarah Louise McCoy on Behalf of Herself and Others Similarly Situated v. Louisiana State Board of Education

Court of Appeals for the Fifth Circuit

Decided May 24, 1965No. 21567_1PublishedCited by 32 opinions

1Per curiam

For the second time in this case and for the seventh time in recent years, we hold that a state agency is not immune from a suit to enjoin it from enforcing an unconstitutional statute, and the individual members of the state board need not be joined as party defendant. Again we repeat that the State cannot by statute or constitution make the State Board of Education a “special agency” free from suits to enjoin the board’s actions in violation of federally guaranteed rights. McCoy v. Louisiana State Board of Education, 5 Cir. 1964, 332 F.2d 915; Louisiana State Board of Education v. Baker, 5…

2Cases cited6 opinions

  1. Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
  2. Ettelson v. Metropolitan Life InsuranceSupreme Court of the United States · 1943
  3. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
  4. Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
  5. Sarah Louise McCoy on Behalf of Herself and Others Similarly Situated v. Louisiana State Board of EducationCourt of Appeals for the Fifth Circuit · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Luis Martinez v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1976
  2. Robert F. Urbano v. The Board of Managers of the New Jersey State PrisonCourt of Appeals for the Third Circuit · 1969
  3. Whitner v. DavisCourt of Appeals for the Ninth Circuit · 1969
  4. 26 Fair empl.prac.cas. 870, 26 Empl. Prac. Dec. P 32,025 Fred Roberts v. St. Regis Paper Company, Etc.Court of Appeals for the Fifth Circuit · 1981
  5. Ted Siff v. The State Democratic Executive CommitteeCourt of Appeals for the Fifth Circuit · 1974

27 more not listed; retrieve them via the Exa API.

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