# Fulmer v. State, Department of Wildlife & Fisheries

> Louisiana Court of Appeal · October 6, 2010 · 2010 La.App. 4 Cir. 0088

URL: https://www.frixlaw.com/law-library/cases/9782972

## Case

- **Full name:** Desi FULMER v. STATE of Louisiana, DEPARTMENT OF WILDLIFE AND FISHERIES and Gary Pierce
- **Court:** Louisiana Court of Appeal
- **Decided:** October 6, 2010
- **Citations:** 2010 La.App. 4 Cir. 0088; 50 So. 3d 843; 2010 La. App. LEXIS 1360
- **Precedential status:** Published
- **Opinion:** Dissent by Armstrong
- **Judges:** David S. Gorbaty
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9782972

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782972. Public record. Not legal advice.