Legal Opinion

Wilson v. Big Sandy Healthcare, Inc.

District Court, E.D. Kentucky

Decided April 2, 2008No. 0:07-misc-00003PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

GREGORY F. VAN TATENHOVE, District Judge.

That the citizens may not sue the king is a principle as old as the common law. By the time of Bracton (1268) it was settled doctrine that the King could not be sued eo nomine in his own courts. Jaffe, Louis L., Suits Against Governments and Officers: Sovereign Immunity, 77 Harv. L.Rev. 1, 2 (1963). For us, rejection of a monarch, did not include rejection of this protection. United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941). And while the sovereign may waive this immunity, it does so on its own terms.…

2Cases cited29 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. McNeil v. United StatesSupreme Court of the United States · 1993
  3. Dandridge v. WilliamsSupreme Court of the United States · 1970
  4. United States v. TestanSupreme Court of the United States · 1976
  5. United States v. SherwoodSupreme Court of the United States · 1941

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3Cited by3 opinions

  1. Wilson v. Big Sandy Health Care, Inc.Court of Appeals for the Sixth Circuit · 2009
  2. Melissa Wilson v. Big Sandy Health Care, Inc.Court of Appeals for the Sixth Circuit · 2009
  3. O'Brien v. Lowell General HospitalDistrict Court, D. Massachusetts · 2024

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