(DOWNLOAD) "Henry V. Metropolitan Sewer District" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Henry V. Metropolitan Sewer District
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 27, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
In this action under 42 U.S.C. § 1983 to redress alleged deprivations of due process, equal protection, and privacy rights, the district court dismissed without prejudice plaintiff William Henry's claim against a Kentucky agency and several of its officers in their official capacities upon finding the claim barred by the eleventh amendment. Additionally, the district court granted summary judgment for the defendants in their individual capacities based upon the doctrine of qualified immunity. On appeal, the plaintiff contends that the district court erred in dismissing the official capacity claim without prejudice instead of remanding it to the state court from which it was removed. The plaintiff further asserts that, in light of the eleventh amendment bar to the official capacity claim, the district court lacked jurisdiction to address the merits of the individual capacity claim. Finally, the plaintiff argues that the district court utilized an improper qualified immunity standard in resolving the various aspects of the individual capacity claim on the merits. We find that the proper method for resolving the official capacity claim under the eleventh amendment should have involved remand instead of dismissal without prejudice. We reject the plaintiff's argument that the district court lacked jurisdiction to address the merits of the individual capacity claim. We further conclude that the district court did not err in applying the doctrine of qualified immunity to support summary judgment for the defendants on the right to privacy, due process, and equal protection components of the individual capacity claim under section 1983.
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