Tag Archives: Sovereign Immunity

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”