518 F. App'x 12
2d Cir.2013Background
- KME sued Joan McDonald in her official DOT capacity, effectively against New York State.
- District court dismissed the amended complaint for lack of subject matter jurisdiction and failure to state a claim.
- KME argued two continuing federal-law violations: unlawful federal fund payments and future contracting practices.
- Sovereign immunity generally bars federal suits against states; Ex parte Young provides a narrow prospective-relief exception.
- KME asserted §1983 claims, but they were barred by the Eleventh Amendment and failed to allege personal involvement by McDonald.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity bar on official-capacity suit | KME contends continuing violations allow prospective relief | McDonald/State immunity bars the suit | Barred; Eleventh Amendment applies |
| Standing to challenge federal funds and future bidding | KME has concrete injury from funds to others | No concrete, particularized injury; speculative future effects | Lacks standing |
| Declaratory judgment on bid requirements | Federal regs require lowest bid be accepted | Judgment would be advisory | Advisory opinion; not permissible |
| §1983 claim against McDonald in official capacity | Seeking relief under §1983 | Eleventh Amendment bars official-capacity §1983 claims | Barred by Eleventh Amendment |
| Personal involvement for §1983 liability | McDonald personally involved in deprivation | No pleaded personal involvement | Not stated; fails to state a claim |
Key Cases Cited
- Kentucky v. Graham, 473 U.S. 159 (1985) (sovereign-immunity framework for official-capacity suits)
- Green v. Mansour, 474 U.S. 64 (1985) (ex parte Young continuing-violation exception for prospective relief)
- Ex parte Young, 209 U.S. 123 (1908) (prospective injunctive relief against state officials permitted)
- Linda R.S. v. Richard D., 410 U.S. 614 (1973) (standing requires concrete injury; cannot speculation)
- Penguin Books USA Inc. v. Walsh, 929 F.2d 69 (1991) (declaratory relief must not be advisory)
- Back v. Hastings on Hudson Union Free Sch. Dist., 365 F.3d 107 (2d Cir. 2004) (personal-involvement rule for §1983)
- Alden v. Maine, 527 U.S. 706 (1999) (sovereign-immunity limitations on federal suits)