BECHTEL, INC.

v.

WEBSTER ET AL.

Citator

Cited By

• Henry v. Metro. Sewer Dist., 922 F.2d 332 (6th Cir. 1990)
  …3146 (eleventh amendment analysis involves “determining whether a State has waived its immunity from federal-court jurisdiction”), and decisions of this court. See, e.g., Allinder v. State of Ohio, 808 F. 2d 1180, 1184 (6th Cir.), appeal dismissed, 481 U.S. 1065, 107 S.Ct. 2455, 95 L.Ed.2d 865 (1987). Here, as the plaintiff concedes, the eleventh amendment prevents us from addressing the merits of his section 1983 claim against the MSD and its officers in their official capacities.4 Cf. Quern v. Jordan, 4…
• Hyburnia Husband v. Bryan, 946 F.2d 27 (5th Cir. 1991)
  …(Fourth Amendment applies to searches of mines); see also Allinder v. State of Ohio, 808 F. 2d 1180, 1186 (6th Cir.) (open fields doctrine limited to visual inspection and Fourth Amendment applies to search of apiaries in a field), appeal dismissed, 481 U.S. 1065, 107 S.Ct. 2455, 95 L.Ed.2d 865 (1987); but see Care v. United States, 231 F. 2d 22, 24-25 (10th Cir.) (open fields doctrine precludes Fourth Amendment application to search of a closed, artificial cave in a field), cert. denied, 351 U.S. 932, 76 S.…
• W. Sys., Inc. v. Ulloa, 958 F.2d 864 (9th Cir. 1992)
  …104 S.Ct. 2321, 81 L.Ed.2d 186 (1984).8 While this court has sometimes required a “strong and unequivocal showing of relitigation” before applying section 2283, see Bechtel Petroleum v. Webster, 796 F. 2d 252, 253-54 (9th Cir.1986), cert. dismissed, 481 U.S. 1065, 107 S.Ct. 2455, 95 L.Ed.2d 864 (1987), as a rule we have applied the exception as long as defendants had a full and fair opportunity to litigate the issue in the prior proceeding. Golden v. Pacific Maritime Assn., 786 F. 2d at 1427-28. The continu…