Tag Archives: Eleventh Amendment

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”