Tag Archives: Sovereign Immunity

Fifth Circuit Holds That State-Law Sovereign Immunity Doctrines Do Not Affect the Jurisdiction of Federal Courts

While state-law sovereign immunity doctrines apply in state court by virtue of Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938), the Fifth Circuit holds in Anthology, Inc. v. Tarrant Cnty. Coll. Dist. (TCCD), No. 24-10630 (5th Cir. May 2, 2025), that they are treated as defenses and do not affect Article III subject-matter jurisdiction.Continue reading “Fifth Circuit Holds That State-Law Sovereign Immunity Doctrines Do Not Affect the Jurisdiction of Federal Courts”

Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings

In M.D. v. Abbott, No. 24-40248 (5th Cir. Oct. 11, 2024), a Fifth Circuit panel reverses an order of contempt against the State of Texas and orders reassignment of a case involving the state’s foster care system to another federal district court judge. “Plaintiffs are a class of minor children who challenged the constitutionality ofContinue reading “Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings”

Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided

In In re Ken Paxton, No. 22-50882 (5th Cir. Nov. 14, 2022), the panel grants a writ of mandamus directing that the district court quash a subpoena of Texas Attorney General Paxton until the judge decides whether he should be dismissed from the action owing to sovereign immunity. The underlying lawsuit challenged the potential extraterritorialContinue reading “Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided”

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”