Posted by Marty Gingras
on 7/25/2008, 10:52 am
207.177.240.75
Hi all,
Yesterday the Judge ruled on-topic.
The Defendant's motion was characterized this way:
"...Before the court for decision is State Defendants’ motion
for judgment on the pleadings. (Doc. 24, filed May 5, 2008.)
State defendants argue that: (1) neither the Coalition nor Dee
Dillon have standing to sue; (2) the individual defendants named
in their official capacities as Members of the Commission are
absolutely immune from suit by virtue of the legislative immunity
doctrine; and (3) the Eleventh Amendment otherwise bars suit
against the Commission’s Members and Executive Director..."
The Judge's Conclusion section read this way:
"...For the reasons set forth above, the State Defendants’
motion for judgment on the pleadings is GRANTED. Neither the
Coalition or Dee Dillon have alleged facts sufficient for
standing and the claims against the Commission and its individual
Members and Executive director are barred by both legislative and
immunity and the Eleventh Amendment. Plaintiffs are GRANTED
LEAVE TO AMEND, if they can do so within the requirements of Rule
11, within thirty (30) days..."
Thanks
Marty Gingras
Supervising Biologist (Fisheries)
California Department of Fish and Game
Bay Delta Region
4001 North Wilson Way
Stockton, California 95205
Phone (209) 948-3702
FAX (209) 946-6355
email mgingras@dfg.ca.gov
Message Thread:
« Back to thread