Opinion

Fulmer v. State, Department of Wildlife & Fisheries

  • 2010 La.App. 4 Cir. 0088
  • 50 So. 3d 843
  • 2010 La. App. LEXIS 1360
Court
Louisiana Court of Appeal
Filed
Oct 6, 2010
Status
Published
Author
Armstrong
On the bench
David S. Gorbaty
Cited by
3 cases
Authority
More cited than 11.0%

The opinion

ARMSTRONG, C.J.,

respectfully dissents.

Iil would find that this Court is bound by the rulings of the United States Supreme Court in the Alden trilogy. The powers delegated to the United States Congress in Article I of the Constitution do not include the power to subject non-consenting States to private suits for damages in state courts. Louisiana has clearly limited its waiver of sovereign immunity with respect to its employees, and has declared that limitation in La. R.S. 23:1034(A). Therefore, I must respectfully dissent from the majority opinion’s overruling this Court’s recent decision in Kuebel v. Department of Wildlife and Fisheries, 08-1018 (La.App. 4 Cir. 4/15/09) , 14 So.3d 20 , writ denied, 09-1083 (La.9/4/09), 17 So.3d 964 .

KIRBY, J., dissents for the reasons assigned by J. BELSOME.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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