Legal Opinion

Marrapese v. Rhode Island

District Court, D. Rhode Island

Decided October 10, 1980No. Civ. A. 80-0167PublishedCited by 70 opinions

1Opinion of the Court

OPINION AND ORDER

PETTINE, Chief Judge.

This case is one of several now before the Court in which the State of Rhode Island is a named defendant in an action under Sec tion 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983. It presents the difficult and important question whether Rhode Island can be required to appear in court and defend plaintiff’s § 1983 claim on the theory that § 9-31-1 of the Rhode Island General Laws 1 manifests a waiver of the State’s Eleventh Amendment immunity. After careful study of the issues involved, this Court concludes that R.I.G.L. § 9-31-1 does evidence a…

2Cases cited101 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Imbler v. PachtmanSupreme Court of the United States · 1976

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3Cited by70 opinions

  1. Smith v. Department of Public HealthMichigan Supreme Court · 1987
  2. Taylor v. JonesCourt of Appeals for the Eighth Circuit · 1981
  3. Sidney A. Clark v. Donald TaylorCourt of Appeals for the First Circuit · 1983
  4. Ainsworth Aristocrat International Pty. Limited v. Tourism Company of the Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 1987
  5. Clark-Fitzpatrick, Inc./Franki Foundation Co. v. GillSupreme Court of Rhode Island · 1994

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

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