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Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown
Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown
Mark R. Brown
How does one serve a state agent sued in his or her official capacity? The answer is unclear. I argue that historically suits of this nature have been treated as if the state agent is an individual; hence, individual service has proved the historical norm. However, over the course of the last 25 years a significant minority of courts have begun treating state agents as states. The rules for serving states and individuals differ; in particular, mail is not an option for states. Treating these Ex parte Young suits as suits against states therefore prevents service by mail. I argue …
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
Mark R. Brown
THE FALL AND RISE OF QUALIFIED IMMUNITY:
FROM HOPE TO HARRIS
Abstract
In Mitchell v. Forsyth (1985) the Court ruled that interlocutory appeals can be taken by government officials from denials of motions for summary judgment based on qualified immunity. Johnson v. Jones (1995) ruled that these interlocutory appeals are limited to legal questions, not matters of fact. This limited the effect of its holding in Anderson v. Creighton (1987) that some measure of factual similarity between prior reported cases and governmental wrongdoing is necessary to overcome qualified immunity. Hope v. Pelzer (2002) further cabined Anderson by rejecting the Eleventh …
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
Mark R. Brown
THE FALL AND RISE OF QUALIFIED IMMUNITY: FROM HOPE TO HARRIS Abstract
In Mitchell v. Forsyth (1985) the Court ruled that interlocutory appeals can be taken by government officials from denials of motions for summary judgment based on qualified immunity. Johnson v. Jones (1995) ruled that these interlocutory appeals are limited to legal questions, not matters of fact. This limited the effect of its holding in Anderson v. Creighton (1987) that some measure of factual similarity between prior reported cases and governmental wrongdoing is necessary to overcome qualified immunity. Hope v. Pelzer (2002) further cabined Anderson by rejecting the Eleventh …