Legal Opinion
David Libby v. Clifford Marshall, Michael Dukakis
Court of Appeals for the First Circuit
Decided November 24, 1987No. 87-1041PublishedCited by 26 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Chief Judge.
The state defendants appeal from the district court’s denial of their motion to dismiss, a motion that was grounded in part upon the Eleventh Amendment. Because we conclude that the appeal is interlocutory, and that we lack jurisdiction over the appeal, we do not reach the merits of defendants’ contention that the Eleventh Amendment bars suit against them.
I. BACKGROUND
This interlocutory appeal arises out of a section 1983 class action brought by the inmates of the Norfolk County (Massachusetts) House of Correction against various county and state officials in…
2Cases cited28 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Ex Parte YoungSupreme Court of the United States · 1908
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Edelman v. JordanSupreme Court of the United States · 1974
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3Cited by26 opinions
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Metcalf & Eddy, Inc. v. Puerto Rico Aqueduct and Sewer AuthorityCourt of Appeals for the First Circuit · 1993
- William A. Kroll v. Board of Trustees of the University of Illinois, an Illinois Public CorporationCourt of Appeals for the Seventh Circuit · 1991
- Vaquería Tres Monjitas, Inc. v. IrizarryCourt of Appeals for the First Circuit · 2009
- Bunting v. StateCourt of Appeals of Maryland · 1988
21 more not listed; retrieve them via the Exa API.