Amendment 11

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

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This amendment keeps individuals living in one state from suing other states, and it also prevents foreign jurisdictions from suing other states.

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10/26/09

Thoughts:
I Think this amendment was a good idea, because it prevents people from other states from suing a state for huge amounts of money, that would have to be paid out by the people of that state in the form of taxes.

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10/26/09

Judge, DA say lawsuit barred by 11th Amendment

by John Bailey

The district attorney and a Floyd County judge, defendants in a federal lawsuit filed by a man who claims he was unlawfully held in jail for six months past his release date, are both claiming constitutional immunity from the suit and asking that it be dismissed.

The 11th Amendment bars a suit against the state or one of its agencies, or officials, when any monetary recovery would be paid from state funds, according to the defendants’ motion filed Thursday.

The defendants are Floyd County District Attorney Leigh Patterson and Floyd County Superior Court Judge J. Bryant Durham. The Office of the Attorney General of Georgia represents both Patterson and Durham.

The plaintiff, Robert Jeffery Stansell, filed the lawsuit in federal court in September claiming he was unlawfully held for six months past his court-ordered release date. The suit alleges that either a modified order for his release was not transmitted to the jail or the jail ignored the order when received.

But the defense maintains the plaintiff has not shown any responsibility on the part of these two defendants for his prolonged incarceration. “While plaintiff alleges he was being held past his release date, he does not allege that either Defendant had any responsibility or control over Plaintiff’s release date,” the motion states.

“Plaintiff also fails to allege that either defendant knew he was being held past his release date and failed to act to rectify the problem.”

Attorneys for Patterson and Durham also filed a motion to stay the process of discovery until the court rules on the motion to dismiss to avoid the potentially unnecessary financial costs incurred during litigation.

Attorneys for Floyd County filed a response to the suit earlier this week stating the plaintiff’s claim is invalid and that the alleged damages were not caused by official policy or practice.

Stansell is asking for a $750,000 judgment from all the defendants named in the suit.

Other defendants listed in the suit are Floyd County Sheriff Tim Burk­halter and former Clerk of Superior Court Joe Johnson. All defendants are being sued in their official capacity.

http://rn-t.com/bookmark/3907013

Thoughts:
I do not think that the state should have to pay this money out, if the trial continues and the man wins. That money would have to be gathered from the people by taxing them, all because a man who did wrong was held in jail for longer then he was sentenced for. I think the man should have pushed the issue to get out of jail, and shouldn't have gotten himself in the situation to begin with. The people of the state already had to pay enough taxes to hold this man in jail for as long as he was in there, they should not be responsible for anymore.

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