Summary
The United States District Court for the Eastern District of Louisiana denies the Lafitte Area Independent Levee District’s motion to dismiss for lack of subject-matter jurisdiction based on Eleventh Amendment sovereign immunity. Applying the Fifth Circuit’s six-factor test, the court concludes that the levee district is not an arm of the state, while reserving the defendant’s alternative motion for summary judgment for a later order.
Holdings
- The Lafitte Area Independent Levee District is not an arm of the State of Louisiana and is not entitled to Eleventh Amendment sovereign immunity.
- The court denied the levee district's Motion to Dismiss for Lack of Subject Matter Jurisdiction.
Questions Presented
- Whether the Lafitte Area Independent Levee District is an arm or alter ego of the State of Louisiana entitled to Eleventh Amendment sovereign immunity.
- Whether the district court therefore lacked subject matter jurisdiction over CMP's federal taking and 42 U.S.C. § 1983 claims.
Disposition
dismissed
Cases Cited (14)
- Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2002)(followed)
- Krim v. pcOrder.com, Inc., 402 F.3d 489, 494 (5th Cir. 2005)(followed)
- Home Builders Association of Mississippi, Inc. v. City of Madison, 143 F.3d 1006, 1010 (5th Cir. 1998)(followed)
- Flores v. Pompeo, 936 F.3d 273, 276 (5th Cir. 2019)(followed)
- Robinson v. TCI/US West Communications Inc., 117 F.3d 900, 904 (5th Cir. 1997)(followed)
- Randall D. Wolcott, M.D., P.A. v. Sebelius, 635 F.3d 757, 762 (5th Cir. 2011)(followed)
- Seminole Tribe of Florida v. Florida, 517 U.S. 44, 54 (1996)(followed)
- Warnock v. Pecos County, Texas, 88 F.3d 341, 343 (5th Cir. 1996)(followed)
- Vogt v. Board of Commissioners of Orleans Levee District, 294 F.3d 684, 688-95 (5th Cir. 2002)(followed)
- Hudson v. City of New Orleans, 174 F.3d 677, 681-82, 687 (5th Cir. 1999)(followed)
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Cited In (0)
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Court Document
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