Tag Archives: Eleventh Amendment

Second Amendment Claim Against State Court Judge Properly Dismissed for Lack of Adversity Under Article III, Holds Second Circuit

In Kellogg v. Nichols, No. 23-8093 (2d Cir. Mar. 5, 2026), the Second Circuit affirms dismissal of a gun-rights case filed against a state court judge who serves as a statutory firearms licensing officer, both on absolute immunity and Article III grounds. The plaintiffs sued “New York state court Judge Jonathan D. Nichols,” in hisContinue reading “Second Amendment Claim Against State Court Judge Properly Dismissed for Lack of Adversity Under Article III, Holds Second Circuit”

Fifth Circuit Reverses Sua Sponte Dismissal with Prejudice of Section 1983 Damages Action That Named Officers in Official Rather Than Individual Capacity

In Carver v. Atwood, No. 21-40113 (5th Cir. Nov. 18, 2021), the Fifth Circuit reverses a district court’s decision to dismiss an action brought against three Texas state officers of the Texas Department of Criminal Justice (“TDCJ”) on sovereign immunity grounds under Fed. R. Civ. P. 12(b)(1) without leave to amend. The plaintiff “alleged theContinue reading “Fifth Circuit Reverses Sua Sponte Dismissal with Prejudice of Section 1983 Damages Action That Named Officers in Official Rather Than Individual Capacity”