Wilson-Jones v. Caviness
| Decision Date | 16 January 1997 |
| Docket Number | WILSON-JONES,Nos. 95-3086,s. 95-3086 |
| Citation | 107 F.3d 358 |
| Parties | 3 Wage & Hour Cas.2d (BNA) 1501 Robin M., et al., Plaintiffs-Appellees/Cross-Appellants, v. Rev. E. Theophilus CAVINESS, et al., Defendants-Appellants/Cross-Appellees. /95-3143. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Prior report: 99 F.3d 203.
Before BOGGS and NORRIS, Circuit Judges; and HOOD, ** District Judge.
The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and no judge of this court having requested a vote on the suggestion for rehearing en banc, the petition for rehearing has been referred to the original panel.
The panel wishes to amend the second and third sentences of the second paragraph of Section II ().
As an amendment to the scope of the judicial power under Article III, state immunity is jurisdictional in the same sense as the complete diversity requirement, Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806), or the well-pleaded complaint rule, Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 29 S.Ct. 42, 53 L.Ed. 126 (1908). Although both of the latter two doctrines are based only on statutory interpretation, state immunity is similar to them in that neither the litigants' consent, nor oversight, nor convenience can justify a court's exercise of illegal power.
The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.
** Hon. Joseph M. Hood, United States District Judge for the Eastern District of Kentucky, sitting by designation.
To continue reading
Request your trial
-
Bergemann v. State of R.I.
...... See, e.g., Wilson-Jones v. Caviness, 99 F.3d 203 (6th Cir.1996), modified, 107 F.3d 358 (1997), Taylor v. Virginia, 951 F.Supp. 591 (E.D.Va.1996); Rehberg v. ......
-
Middlebrooks v. University of Maryland, CIV. A. AW-96-1144.
......1995) (citing Patsy v. Bd. of Regents, 457 U.S. 496, 515 n. 19, 102 S.Ct. 2557, 2567 n. 19, 73 L.Ed.2d 172 (1982)). See also Wilson-Jones v. Caviness, 99 F.3d 203 (6th Cir. 1996) (arguing that the Supreme Court's language in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 ......
-
Mills v. State of Me.
...Commerce, 104 F.3d 833, 837 (6th Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 208 (6th Cir.1996), reh'g denied and amended by 107 F.3d 358 (6th Cir.1997); Brinkman v. Department of Corrections, 21 F.3d 370, 372 (10th Cir.1994); Reich v. New York, 3 F.3d 581, 590-91 (2d Cir.1993); Hale ......
-
Velasquez v. Frapwell, IP 96-0557-C H/G.
......See Wilson-Jones v. Caviness, 99 F.3d 203, 210 (6th Cir.1996) (Fair Labor Standards Act held not an exercise of Fourteenth Amendment power, despite references to ......