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Indiana Protection and Advocacy Serv. v. Indiana Family and Social Serv. Admin., No. 08-3183

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By FindLaw Staff on July 28, 2009 4:53 PM

In an action challenging provisions of the Protection and Advocacy for Individuals with Mental Illness Act, district court judgment is vacated for lack of jurisdiction where plaintiff is a public agency established under the Developmental Disabilities Assistance and Bill of Rights Act, and thus cannot sue another state agency in federal court as it is outside the scope of 42 U.S.C. 1983 and blocked by the Eleventh Amendment.    

Read Indiana Protection and Advocacy Serv. v. Indiana Family and Social Serv. Admin., No. 08-3183

Appellate Information
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.
Argued: January 29, 2009
Decided: July 28, 2009

Judges
Before EASTERBROOK, Chief Judge, SYKES, Circuit Judge, and KENDALL, District Judge
Opinion by EASTERBROOK, Chief Judge.

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