Delores Neely v. Georgia Department of Human Resources
SocialSecurity DueProcess FourthAmendment Privacy
1. Can Congress abrogate a State 's immunity from being sued in Federal
court without its consent, under authority granted to Congress by the
Fourteenth Amendment? Eleventh Amendment, constitutional
provisions, Amendment X3V, Section 5?
2. Can Congress, when acting pursuant to enforcement clause of the
Fourteenth Clause, Congress abrogate Eleventh Amendment without
State s consent. Can actions taken by Congress pursuant to its powers
under Section 5, can override authority of State sovereignty embodied incan
the Eleventh Amendment. The duty of the Judiciary is to exercise the
jurisdiction which Congress has conferred. It is not for us to say that
litigation affecting State laws and State policies ought to be tried
State courts. And, it is not for us to reject that which Congress has made
the Laws of the Land?only in
3. Does 18 U.S.C.A, section 51 [now covered by 18 U.S.C.A., Section 241,
denounces conspiracy to injure, oppress, threaten, or intimidate any
Citizen in free exercise of, or enjoyment of right(s), or privilege(s) secured
to him, or her by the Constitution of the U.S., or laws of the U.S., which
were designed to punish offenses against rights secured by Amendment
XIV, Section, subdivision 17?
Are States "persons ", potentially liable under the Civil Rights Act of
1871, 42 U.S.C.A., Section 1983, for constitutional deprivations
through official custom and policy? Are Defendants amenable to suit in
their official4.
inflicted
capacities under 42 Section 1983, because the State and its
officials are not "persons " within the meaning of the Section?
5. Whether a State is a "person " under Section 1983, this is a separate
proposition from the other question of which is, whether a State may
assert a defense of common-law sovereign immunity?
6. Is it not true, a State can waive its Eleventh Amendment immunity
from suit in Federal Court, within the context of a State statute,
Constitution? Such as, would be the Georgia Tort Claims _ [O.C.G.A.
Title 50-21-20 and Title 50-21-23], which states that the State be liable for
the Intentional torts of its employees? Has the State of Georgia "waived "
its Eleventh Amendment Protection, by statute, from suit in Federal court?
True or False?or State
7. Eleventh amendment may "bar" certain awards of damages paid
from the State treasury, it does not "bar" awards " of Attorney Fees, or
expenses incurred in litigation seeking prospective relief.
612 F. 2d, 718, 721 @723,Blake v. Kline,
fees may also be available under Section 1988.
Hutto v. Finney, 437 U.S. 678 (1978). U.S. Constitutional Amendment 11.
Federal Courts»>265. True?
8.) In an injunctive, declaratory action grounded in Federal law, the
State 's immunity be overcome by naming State officials as Defendants. can
Monetary relief that is "ancillary " to injunctive relief also is not "barred "
by the Eleventh Amendment. True?
Can Congress abrogate a State's immunity from being sued in Federal court without its consent, under authority granted to Congress by the Fourteenth Amendment?