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Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.
Texas v. Margaret Daley Carpenter
Texas’s attorney general sued a New York doctor for mailing abortion-including drugs to a woman in Texas, claiming she practiced medicine in Texas without a Texas license and improperly aided an abortion. After the doctor did not respond to the complaint, a Texas trial court issued a default judgment enjoining her from prescribing abortion-inducing drugs to state residents and imposing $100,000 in civil penalties, as sought by the attorney general.
Gotay v. Creen
Massachusetts Supreme Judicial Court held that a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment, but found the state defendants were entitled to qualified immunity on the parent and guardian's substantive due process claim.
LeMieux v. Evers
The Wisconsin Supreme Court held, in a divided decision, that the governor did not exceed his partial veto authority under the state constitution when he altered digits, words, and punctuation in a budget bill to extend a school funding increase from 2 to 402 years.
Reuss v. Arizona
Healthcare providers sought to block enforcement of Arizona's 15-week abortion ban on the basis that it violates a state constitutional amendment passed in November 2024 that establishes a fundamental right to pre-viability abortion. On plaintiffs' motion for judgment on the pleadings, which the state did not contest, the trial court permanently blocked the ban.
Case Trends: State Courts Are Battlegrounds for Transgender and Reproductive Rights
State courts are leaning on their unique state constitutional provisions, departing from federal precedent, and deciding who can challenge restrictive laws.
State v. Nelson
Held that community custody conditions requiring the criminal defendant submit to breath analysis and urinalysis testing to monitor compliance with conditions prohibiting use of alcohol and unprescribed drugs were supported by authority of law, and thus were constitutional under art. 1 sec. 7 of the Washington Constitution, regardless of whether they were related to his specific crimes
Cuomo v. New York State Commission on Ethics and Lobbying in Government
New York Court of Appeals held that state ethics commission does not violate separation of powers principles.
A Win for Georgia's Gullah Geechee
The Georgia Supreme Court ruled that an island community descended from enslaved people could move forward with a referendum to overturn zoning changes that they argue will price them out of their homes.
State v. Rippey
Held that the preservation provision of the Plea Withdrawal Statute, requiring a request to withdraw a guilty plea to be made by motion before a sentence was announced, was a “procedural rule” that infringed the judiciary's power under separation of powers
