EXXON CORPORATION, PLAINTIFF-APPELLEE,
v.
MICHAEL L. FISCHER, ET AL., DEFENDANTS-APPELLANTS
EXXON CORPORATION, PLAINTIFF-APPELLEE,
MICHAEL L. FISCHER, ET AL., DEFENDANTS-APPELLANTS
817 F.2d 1429
United States Court of Appeals for the Ninth Circuit (1987)
Cited by 5 cases
Opinion of the Court
The opinion filed January 7, 1987, 807 F. 2d 842, is amended by deleting the third full paragraph on page 6 of the slip op. [page 845 2nd col., 2nd full par.] after the word “law,” and substituting the following:
When a state official acts in violation of the federal constitution, even when enforcing a state law, “he is stripped of his official or representative character.” Ex parte Young, 209 U.S. 123, 160, 28 S.Ct. 441, 454, 52 L.Ed. 714 (1908). For the same reason, by virtue of the Supremacy Clause, if a state official violates a federal statute, they become “subjected in ... person to the consequences of ... individual conduct. The State has no power to impart to him any immunity from responsibility to the Supreme authority of the United States.” Id. See Cory v. White, 457 U.S. 85, 89, 102 S.Ct. 2325, 2328, 72 L.Ed.2d 694 (1982); Worcester County Trust Co. v. Riley, 302 U.S. 292, 297, 58 S.Ct. 185, 187, 82 L.Ed. 268 (1937).
We conclude that the Eleventh Amendment does not apply.
With this exception, the petition for rehearing is denied.
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Int'l Bhd. OF Elec. Workers v. Brink Constr. Co., 825 F.2d 207 (9th Cir. 1987)
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United States v. Cache Valley Bank, 866 F.2d 1242 (10th Cir. 1989)
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W. Coast Truck Lines, Inc. v. Am. Indus., Inc., 893 F.2d 229 (9th Cir. 1990)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ex parte Young, 209 U.S. 123 (U.S. 1908)
- Cory v. White, 457 U.S. 85 (U.S. 1982)
- Worcester Cnty. Tr. Co. v. Riley, 302 U.S. 292 (U.S. 1937)
- Exxon Corp. v. Fischer, 807 F.2d 842 (9th Cir. 1987)