Allen v. Cooper, No. 17-1522
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | NIEMEYER, Circuit Judge |
| Citation | 895 F.3d 337 |
| Parties | Frederick L. ALLEN; Nautilus Productions, LLC, Plaintiffs–Appellees, v. Roy A. COOPER, III, as Governor of North Carolina; Susi H. Hamilton, Secretary of the North Carolina Department of Natural and Cultural Resources, in her official capacity; Susan Wear Kluttz, former Secretary of the North Carolina Department of Natural and Cultural Resources, individually; D. Reid Wilson, Chief Deputy Secretary of the North Carolina Department of Natural and Cultural Resources, in his official capacity; Karin Cochran, former Chief Deputy Secretary of the North Carolina Department of Natural and Cultural Resources, individually; Kevin Cherry, Deputy Secretary of the North Carolina Department of Natural and Cultural Resources, individually and in his official capacity; G. Neel Lattimore, Director of Communications of the North Carolina Department of Natural and Cultural Resources, in his official capacity; Catherine A. Oliva, Director of Marketing of the North Carolina Department of Natural and Cultural Resources, in her official capacity; Cary Cox, former Assistant Secretary, Marketing and Communications of the North Carolina Department of Natural and Cultural Resources, individually; Stephen R. Claggett, a/k/a Steve Claggett, State Archaeologist, individually and in his official capacity; John W. Morris, a/k/a Billy Ray Morris, Deputy State Archaeologist–Underwater and Director of the Underwater Archaeology Branch of the North Carolina Department of Natural and Cultural Resources, individually and in his official capacity; North Carolina Department of Natural and Cultural Resources; State of North Carolina, Defendants–Appellants, and Friends of Queen Anne’s Revenge, a Non-profit Corporation, Defendant. The Copyright Alliance ; Ralph Oman, Amici Supporting Appellees. Frederick L. Allen; Nautilus Productions, LLC, Plaintiffs–Cross-Appellants, v. Roy A. Cooper, III, as Governor of North Carolina; Susi H. Hamilton, Secretary of the North Carolina Department of Natural and Cultural Resources, in her official capacity; Susan Wear Kluttz, former Secretary of the North Carolina Department of Natural and Cultural Resources, individually; D. Reid Wilson, Chief Deputy Secretary of the North Carolina Department of Natural and Cultural Resources, in his official capacity; Karin Cochran, former Chief Deputy Secretary of the North Carolina Department of Natural and Cultural Resources, individually; Kevin Cherry, Deputy Secretary of the North Carolina Department of Natural and Cultural Resources, individually and in his official capacity; G. Neel Lattimore, Director of Communications of the North Carolina Department of Natural and Cultural Resources, in his official capacity; Catherine A. Oliva, Director of Marketing of the North Carolina Department of Natural and Cultural Resources, in her official capacity; Cary Cox, former Assistant Secretary, Marketing and Communications of the North Carolina Department of Natural and Cultural Resources, individually; Stephen R. Claggett, a/k/a Steve Claggett, State Archaeologist, individually and in his official capacity; John W. Morris, a/k/a Billy Ray Morris, Deputy State Archaeologist–Underwater and Director of the Underwater Archaeology Branch of the North Carolina Department of Natural and Cultural Resources, individually and in his official capacity; North Carolina Department of Natural and Cultural Resources; State of North Carolina, Defendants–Cross-Appellees, and Friends of Queen Anne’s Revenge, a Non-profit Corporation, Defendant. |
| Docket Number | No. 17-1602,No. 17-1522 |
| Decision Date | 10 July 2018 |
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51 practice notes
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S.C. Elec. & Gas Co. v. Whitfield, Civil Action No.: 3:18-cv-01795-JMC
...in their official capacities in federal court to obtain prospective relief from ongoing violations of federal law." Allen v. Cooper , 895 F.3d 337, 355 (4th Cir. 2018).12 The suit against the Commissioners must be based on some action that the commissioners took that is an "ongoing violatio......
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Univ. of Hous. Sys. v. Jim Olive Photography, NO. 01-18-00534-CV
...Amendment immunity and to provide for state liability for copyright infringement, was unconstitutional); see also Allen v. Cooper , 895 F.3d 337, 347–54 (4th Cir. 2018) (same), pet. for cert. filed , ––– U.S. ––––, 139 S.Ct. 2664, 204 L.Ed.2d 1068, 2019 WL 134012 (U.S. Jan. 4, 2019) (No. 18......
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NC RSOL v. Boone, 1:18CV597
...to be deterred so long as the law remains on the books and the state continues to actively prosecute offenders. See Allen v. Cooper, 895 F.3d 337, 354–55 (4th Cir. 2018), cert. granted, ––– U.S. ––––, 139 S. Ct. 2664, 204 L.Ed.2d 1068 (2019) (stating that the alleged violation must be ongoi......
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Bruce & Tanya & Assocs., Inc. v. Bd. of Supervisors of Fairfax Cnty., 1:17-cv-01155 (LMB/TCB)
...in their official capacities in federal court to obtain prospective relief from ongoing violations of federal law." Allen v. Cooper, 895 F.3d 337, 354 (4th Cir. 2018). When a state official is sued solely for prospective relief in an official capacity, he "loses ‘the cloak’ of State immunit......
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45 cases
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S.C. Elec. & Gas Co. v. Whitfield, Civil Action No.: 3:18-cv-01795-JMC
...in their official capacities in federal court to obtain prospective relief from ongoing violations of federal law." Allen v. Cooper , 895 F.3d 337, 355 (4th Cir. 2018).12 The suit against the Commissioners must be based on some action that the commissioners took that is an "ongoing violatio......
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Univ. of Hous. Sys. v. Jim Olive Photography, NO. 01-18-00534-CV
...Amendment immunity and to provide for state liability for copyright infringement, was unconstitutional); see also Allen v. Cooper , 895 F.3d 337, 347–54 (4th Cir. 2018) (same), pet. for cert. filed , ––– U.S. ––––, 139 S.Ct. 2664, 204 L.Ed.2d 1068, 2019 WL 134012 (U.S. Jan. 4, 2019) (No. 18......
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NC RSOL v. Boone, 1:18CV597
...to be deterred so long as the law remains on the books and the state continues to actively prosecute offenders. See Allen v. Cooper, 895 F.3d 337, 354–55 (4th Cir. 2018), cert. granted, ––– U.S. ––––, 139 S. Ct. 2664, 204 L.Ed.2d 1068 (2019) (stating that the alleged violation must be ongoi......
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Bruce & Tanya & Assocs., Inc. v. Bd. of Supervisors of Fairfax Cnty., 1:17-cv-01155 (LMB/TCB)
...in their official capacities in federal court to obtain prospective relief from ongoing violations of federal law." Allen v. Cooper, 895 F.3d 337, 354 (4th Cir. 2018). When a state official is sued solely for prospective relief in an official capacity, he "loses ‘the cloak’ of State immunit......
Request a trial to view additional results
5 books & journal articles
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A New Frontier in Patent Bar Ethics?
...relief; and the future of sovereign immunity abrogation for copyright infringement will change one way or another by 2020. n Endnotes 1. 895 F.3d 337 (4th Cir. 2018). 2. See, e.g. , id. at 347; Nat’l Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (......
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An Interview with Li-Hsien (Lily) Rin-Laures
...relief; and the future of sovereign immunity abrogation for copyright infringement will change one way or another by 2020. n Endnotes 1. 895 F.3d 337 (4th Cir. 2018). 2. See, e.g. , id. at 347; Nat’l Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (......
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Why Open Source Licenses with a Commons Clause May Become Less Common
...relief; and the future of sovereign immunity abrogation for copyright infringement will change one way or another by 2020. n Endnotes 1. 895 F.3d 337 (4th Cir. 2018). 2. See, e.g. , id. at 347; Nat’l Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (......
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Patenting Nature
...relief; and the future of sovereign immunity abrogation for copyright infringement will change one way or another by 2020. n Endnotes 1. 895 F.3d 337 (4th Cir. 2018). 2. See, e.g. , id. at 347; Nat’l Ass’n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga., 633 F.3d 1297, 1314 (......
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