Legal Opinion

Champagne v. Jefferson Parish Sheriff's Office

Court of Appeals for the Fifth Circuit

Decided September 22, 1999No. 98-30791PublishedCited by 59 opinions

1Per curiam

The Louisiana Department of Public Safety and Corrections (LDPSC) and Louisiana Governor Mike Foster appeal the partial denial of Eleventh Amendment and qualified immunity in Jonathan Champagne’s 42 U.S.C. § 1983 action. The district court denied defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss regarding Champagne’s claim that he was knowingly worked beyond his capacities in prison.

Denials of motions to dismiss on Eleventh Amendment or qualified immunity grounds are appealable collateral orders when based on issues of law. E.g., Mitchell v. Forsyth, 472 U.S. 511, 525, 105 S.Ct. 2806, 86…

2Cases cited10 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Quern v. JordanSupreme Court of the United States · 1979
  3. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  4. Travis Alton, Travis Alton v. Texas A&m University, Thomas Darling Malon Southerland Robert H. Dalton M.T. "Ted" Hopgood, Major GeneralCourt of Appeals for the Fifth Circuit · 1999
  5. Hudson v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1999

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3Cited by59 opinions

  1. Shipp v. McMahonCourt of Appeals for the Fifth Circuit · 2000
  2. Shipp v. McMahonCourt of Appeals for the Fifth Circuit · 2000
  3. Blakely v. AndradeDistrict Court, N.D. Texas · 2019
  4. Southwestern Bell Telephone Co. v. City of El PasoCourt of Appeals for the Fifth Circuit · 2001
  5. Thomas ex rel. D.T. v. City of New OrleansDistrict Court, E.D. Louisiana · 2012

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