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City of Maplewood, Missouri v. Cecelia Roberts Webb, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-2381 · judgment May 4, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I Sovereign immunity bars a lawsuit to the extent the relief sought would operate against the State, even if the State is not a formally-named defendant. See Lewis v. Clarke, 137 S. Ct. 1285, 1290 (2017); see also Republic of the Philippines v. Pimentel, 553 U.S. 851, 863-873 (2008). Municipal corporations lack sovereign immunity. Monell v. Dept. of Soc. Serv. of the City of New York, 436 U.S. 658 (1978). If a complaint formally names a “municipality” as the only defendant, yet defines the “municipality” to include not just the municipal corporation, but also a legally-distinct state entity, such that the relief sought would operate against the state entity, does sovereign immunity bar the lawsuit? II Municipal corporations can only be liable for constitutional deprivations resulting from an unlawful policy or custom in an area where state law gives them authority to act. See McMillian v. Monroe County, Ala., 520 U.S. 781 (1997). If resolution of the first question demonstrates that the state entity is vested with the sole authority to take the actions leading to the alleged constitutional deprivations, does this mean that the claims against the “municipality” defined as a municipal corporation necessarily fail as a matter of law?
Counsel of record
For petitioner
John Michael Reeves Jr.
Reeves Law LLC
For respondent
Jonathan Ellis Taylor
Gupta Wessler LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 15 2018Petition DENIED.
- Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
- Sep 19 2018Waiver of right of respondents Cecelia Roberts Webb, et al. to respond filed.
- Sep 11 2018Petition for a writ of certiorari filed. (Response due October 17, 2018)