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Plaintiff sues the state Governor in her official and individual capacity for violation of a federal statute. The state smartly finds that the statute describes
Plaintiff sues the state Governor in her official and individual capacity for violation of a federal statute. The state smartly finds that the statute describes not only the specifics of the Plaintiffs claims but also proffers an intricate, comprehensive, remedial scheme addressing violations of the contested rights. The state moves to dismiss. The federal court will likely: a allow the suit against the state, if the statute does not expressly proscribe such. b allow the suit but only if the state official is stripped. c allow the suit but only if the suit is for prospective relief. d allow the suit but only under Pendent Party Jurisdiction. e disallow the suit pursuant to US Supreme Court precedent and the th Amendment.
Plaintiff sues the state Governor in her official and individual capacity for violation of a federal statute. The state smartly finds that the statute describes not only the specifics of the Plaintiffs claims but also proffers an intricate, comprehensive, remedial scheme addressing violations of the contested rights. The state moves to dismiss. The federal court will likely:
a allow the suit against the state, if the statute does not expressly proscribe such.
b allow the suit but only if the state official is stripped.
c allow the suit but only if the suit is for prospective relief.
d allow the suit but only under Pendent Party Jurisdiction.
e disallow the suit pursuant to US Supreme Court precedent and the th Amendment.
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