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immunity
municipality
possessed
omitted
martinez
california
unanimously
concluded
california
statute
purported
immunize
public
entities
public
employees
liability
parole
release
decisions
even
though
federal
cause
action
asserted
state
courts
explained
conduct
persons
acting
color
state
law
wrongful
immunized
state
law
construction
federal
statute
permitted
state
immunity
defense
controlling
effect
transmute
basic
guarantee
illusory
promise
supremacy
clause
constitution
insures
proper
construction
may
enforced
see
mclaughlin
tilendis
cir
immunity
claim
raises
question
federal
law
hampton
chicago
cert
denied
florida
actual
decision
hill
consistent
foregoing
reasoning
appeal
extension
hill
persons
subject
liability
flatly
inconsistent
reasoning
holdings
martinez
felder
federal
law
makes
governmental
defendants
arms
state
municipalities
liable
constitutional
violations
see
louis
praprotnik
monell
new
york
city
dept
social
services
florida
law
interpreted
district
appeal
make
defendants
absolutely
immune
liability
federal
statute
extent
florida
law
sovereign
immunity
reflects
substantive
disagreement
extent
governmental
entities
held
liable
constitutional
violations
disagreement
override
dictates
federal
law
congress
surely
intend
assign
state
courts
legislatures
conclusive
role
formative
function
defining
characterizing
essential
elements
federal
cause
action
wilson
garcia
hand
district
appeal
meant
claims
excluded
category
tort
claims
circuit
hear
school
board
holding
less
violative
federal
law
cf
atlantic
coast
line
burnette
case
present
questions
whether
congress
require
create
forum
capacity
enforce
federal
statutory
rights
authorize
service
process
parties
otherwise
subject
jurisdiction
state
florida
constituted
circuit
pinellas
county
general
jurisdiction
exercises
jurisdiction
tort
claims
private
citizens
state
entities
including
school
boards
size
type
petitioner
claim
enter
judgment
also
exercises
jurisdiction
actions
individual
officers
fully
competent
provide
remedies
federal
statute
requires
cf
sullivan
little
hunting
park
petitioner
complied
procedures
invoking
jurisdiction
mere
facts
argued
respondents
amici
state
common
law
statutory
law
make
unlawful
precise
conduct
addresses
actions
likely
frivolous
suits
brief
washington
legal
foundation
et
al
amici
curiae
clearly
provide
sufficient
justification
state
refusal
entertain
actions
reasons
never
asserted
state
asserted
school
board
importantly
kind
neutral
policy
valid
excuse
state
refusal
entertain
federal
actions
extent
florida
rule
based
upon
judgment
parties
otherwise
subject
jurisdiction
held
liable
activity
subject
liability
state
law
understand
another
way
saying
disagrees
content
federal
law
sovereign
immunity
florida
turns
nature
claim
whether
duty
allegedly
breached
discretionary
subject
matter
dispute
question
circuit
entertains
state
statutory
claims
state
entities
variety
capacities
ranging
law
enforcement
schooling
protection
individuals
using
parking
lots
jurisdiction
subject
suit
reject
petitioner
claim
chosen
substantive
policy
reasons
adjudicate
claims
might
also
render
school
board
liable
federal
law
law
state
much
laws
passed
state
legislature
state
refuse
enforce
right
arising
law
conceptions
impolicy
want
wisdom
part
congress
called
play
lawful
powers
testa
quoting
minneapolis
louis
bombolis
argument
amici
suits
predicated
federal
law
likely
frivolous
less
entitlement
state
limited
judicial
resources
warrants
little
response
state
may
adopt
neutral
procedural
rules
discourage
frivolous
litigation
kinds
long
rules
valid
federal
law
state
may
however
relieve
congestion
courts
declaring
whole
category
federal
claims
frivolous
proved
claim
merit
judgment
make
respondents
offered
neutral
valid
excuse
circuit
refusal
hear
actions
state
entities
circuit
jurisdiction
defendant
individual
officer
action
based
also
jurisdiction
defendant
school
board
action
based
established
state
common
law
statutory
law
state
policy
permits
actions
state
agencies
failure
officials
adequately
police
parking
lot
negligence
officers
arresting
person
roadside
yet
declines
jurisdiction
federal
actions
constitutional
violations
persons
based
rationale
persons
held
liable
violations
courts
state
reason
whether
presented
terms
direct
disagreement
substantive
federal
law
simple
refusal
take
cognizance
federal
cause
action
flatly
violates
supremacy
clause
respondents
offer
two
final
arguments
support
judgment
district
appeal
first
oral
argument
brief
argued
federal
power
compel
state
entertain
claim
state
jurisdiction
matter
state
law
second
respondents
argue
sovereign
immunity
creature
state
law
legal
principles
set
aside
find
merit
contentions
fact
rule
denominated
jurisdictional
provide
excuse
avoid
obligation
enforce
federal
law
rule
reflect
concerns
power
person
competence
subject
matter
jurisdictional
rules
designed
protect
settled
otherwise
competent
jurisdiction
may
avoid
parallel
obligation
full
faith
credit
clause
entertain
another
state
cause
action
invocation
term
jurisdiction
see
first
nat
bank
chicago
air
lines
hughes
fetter
broderick
rosner
kenney
lodge
loyal
order
moose
state
escape
constitutional
obligation
enforce
rights
duties
validly
created
laws
simple
device
removing
jurisdiction
courts
otherwise
competent
hughes
similarly
state
may
evade
strictures
privileges
immunities
clause
denying
jurisdiction
otherwise
competent
see
angel
bullington
douglas
new
york
cf
white
hart
wall
contract
clause
discussion
testa
mcknett
mondou
establishes
true
respect
state
obligations
supremacy
clause
force
supremacy
clause
weak
evaded
mere
mention
word
jurisdiction
indeed
argument
merit
state
wisconsin
overrule
decision
felder
casey
simply
amending
statute
provide
state
jurisdiction
action
plaintiff
failed
give
required
notice
supremacy
clause
requires
respondents
argument
congress
intend
abrogate
immunity
ancient
heritage
argument
slightly
different
dress
argument
already
rejected
state
free
redefine
federal
cause
action
congress
take
principles
account
providing
certain
forms
absolute
qualified
immunity
see
wood
strickland
scheuer
rhodes
pierson
ray
excluding
arms
state
definition
person
see
michigan
dept
state
police
ngiraingas
sanchez
see
also
quern
jordan
persons
congress
subjected
liability
individual
may
exempt
persons
federal
liability
relying
heritage
uphold
immunity
claim
case
every
state
opportunity
extend
mantle
sovereign
immunity
persons
otherwise
subject
liability
free
nullify
people
legislative
decisions
congress
made
behalf
people
judgment
appeal
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
every
person
color
statute
ordinance
regulation
custom
usage
state
subjects
causes
subjected
citizen
person
within
jurisdiction
thereof
deprivation
rights
privileges
immunities
secured
constitution
laws
shall
liable
party
injured
action
law
suit
equity
proper
proceeding
redress
defendants
call
question
school
board
potential
liability
actions
school
officials
violated
constitution
school
board
course
held
liable
matter
state
law
delegated
final
decisionmaking
authority
area
school
principal
assistant
principal
see
louis
praprotnik
opinion
parties
brief
district
appeal
address
petitioner
claims
state
constitution
individual
defendants
see
brief
petitioner
brief
respondents
statute
expanded
protection
sovereign
immunity
respects
narrowed
others
see
cauley
jacksonville
passage
doctrine
cast
serious
doubt
previously
noted
florida
led
abrogation
municipal
immunity
seminal
opinion
florida
hargrove
town
cocoa
beach
spawned
minor
avalanche
decisions
repudiating
municipal
immunity
conjunction
legislative
abrogation
sovereign
immunity
resulted
consequence
handful
still
cling
old
rule
immunity
governmental
functions
owen
city
independence
citation
omitted
florida
considered
sovereign
immunity
jurisdictional
see
schmauss
snoll
app
dist
since
enactment
statute
several
courts
held
sovereign
immunity
jurisdictional
see
kaisner
kolb
app
dist
rev
grounds
sebring
utilities
sicher
app
dist
state
dept
highway
safety
motor
vehicles
kropff
app
dist
least
one
come
opposite
conclusion
see
hutchins
mills
app
dist
see
also
penthouse
saba
app
dist
discretionary
acts
give
rise
liability
tortious
definition
one
discretion
act
duty
act
statute
makes
state
liable
respondent
superior
provides
officer
employee
agent
state
acting
scope
employment
may
held
personally
liable
tort
named
defendant
unless
person
acted
bad
faith
malicious
purpose
manner
exhibiting
wanton
willful
disregard
human
rights
safety
property
stat
counsel
petitioner
represented
oral
argument
individual
defendants
protected
statute
state
tort
law
claim
based
actions
involved
case
tr
oral
arg
see
department
health
rehabilitative
servs
yamuni
recede
suggestion
reddish
waiver
immunity
activities
performed
government
private
persons
government
activities
waiver
immunity
basic
policy
making
decisions
planning
level
commercial
carrier
indian
river
county
citing
indian
towing
see
also
dunagan
seely
app
dist
see
kaisner
kolb
see
also
statements
everton
willard
recognize
special
relationship
exists
individual
governmental
entity
duty
care
owed
individual
relationship
illustrated
situation
police
accept
responsibility
protect
particular
person
assisted
arrest
prosecution
criminal
defendants
individual
danger
due
assistance
case
special
duty
use
reasonable
care
protection
individual
may
arise
see
slemp
north
miami
see
yamuni
see
avallone
board
county
commissioners
negligent
maintenance
swimming
pool
state
department
transportation
webb
perez
state
department
transportation
petersburg
collom
lewis
elementary
school
metropolitan
dade
county
app
dist
florida
courts
entertain
actions
state
defects
construction
road
decision
install
install
traffic
control
devices
general
regulated
statute
inherent
overall
plan
see
state
department
transportation
neilson
ingham
state
department
transportation
see
also
harrison
escambia
county
school
statutory
words
reasonably
safe
locations
available
fixed
readily
ascertainable
meaning
deciding
location
school
bus
stop
school
board
makes
policy
planning
level
decision
see
dunagan
seely
app
dist
green
inman
app
dist
hutchinson
miller
app
dist
see
also
state
dept
health
rehabilitative
servs
whaley
app
dist
negligent
failure
take
care
juvenile
delinquent
circuit
also
entertains
actions
governmental
entities
failure
supervise
properly
staffs
warn
dangerous
conditions
public
parking
lots
facilities
see
daniele
board
county
app
dist
state
department
transportation
kennedy
app
dist
maintenance
sidewalk
pitts
metropolitan
dade
county
app
dist
negligence
police
officers
failing
supervise
adequately
parking
lot
plaintiff
attacked
third
party
sovereign
immunity
statute
preserves
immunity
claims
based
negligent
exercise
discretionary
judgment
see
everton
willard
reddish
smith
trianon
park
condominium
hialeah
immunity
extend
violation
constitutional
duties
see
trianon
park
judicial
branch
authority
interfere
conduct
legislative
functions
unless
violate
constitutional
statutory
provision
emphasis
added
prior
florida
decision
hill
appeals
eleventh
circuit
concluded
state
agency
protected
suit
federal
statute
constitute
consent
suit
federal
see
gamble
florida
dept
health
rehabilitative
see
de
bleecker
montgomery
county
md
kapil
association
pennsylvania
state
college
university
faculties
commw
rev
grounds
karchefske
department
mental
health
app
kristensen
strinden
ramah
navajo
school
board
board
revenue
app
cert
denied
woodbridge
worcester
state
hospital
mass
reject
suggestion
respondent
amici
see
brief
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remand
case
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explanation
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course
reason
believe
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rested
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premises
state
law
see
employment
division
dept
human
resources
smith
long
held
independent
obligation
ascertain
whether
judgment
defeating
enforcement
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rights
rests
upon
valid
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ground
whether
ground
finds
fair
substantial
support
state
law
see
sullivan
little
hunting
park
naacp
alabama
ex
rel
patterson
broad
river
power
south
carolina
ex
rel
daniel
reasons
rule
rest
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ultimate
authority
review
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title
right
privilege
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specially
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claimed
constitution
see
martin
hunter
lessee
wheat
hold
otherwise
open
easy
method
avoiding
jurisdiction
terre
haute
indianapolis
indiana
ex
rel
ketcham
holmes
see
also
worcester
georgia
pet
mclean
asserted
federal
government
foreign
state
governments
must
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resulted
thorough
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great
principles
lie
foundation
system
federal
government
neither
foreign
state
governments
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proceeds
people
much
control
state
governments
constitution
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legislation
exclusively
vested
congress
legislate
people
union
acts
binding
constitutional
enactments
state
legislature
people
state
see
hathorn
lovorn
barr
city
columbia
naacp
alabama
ex
rel
patterson
rogers
alabama
eustis
bolles
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inadequate
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rev
understand
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need
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clause
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hypothesis
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courts
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ultimate
superintendence
federal
courts
vacate
judgments
entered
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legislative
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federal
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authority
enforce
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constitution
laws
passed
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wechsler
appellate
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reflections
law
logistics
direct
review
lee
rev
describing
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view
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supremacy
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judges
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state
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history
support
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cases
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martin
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lessee
decide
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question
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must
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courts
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see
cardinale
louisiana
state
farm
mutual
automobile
ins
duel
mcgoldrick
compagnie
general
transatlantique
rule
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district
entertain
original
action
alleging
state
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bill
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modified
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district
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feldman
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brief
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legal
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et
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amici
curiae
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strikingly
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addressed
minneapolis
louis
bombolis
held
state
courts
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citing
laws
ch
wrote
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well
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york
given
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california
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stat
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lloyd
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app
dist
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app
dist
aff
grounds
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department
corrections
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state
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dist
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department
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dist
penthouse
saba
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dist
florida
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merits
applications
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fees
even
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person
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opposition
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certiorari
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reach
see
california
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summit
canton
harris
oklahoma
city
tuttle
see
currie
constitution
transitory
cause
action
harv
rev
supremacy
clause
forecloses
state
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economic
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full
faith
credit
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sister
state
hill
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ohio
obliged
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rights
created
obliged
even
without
congressional
directive
give
effect
legal
rights
created
federal
law
citations
omitted
brilmayer
underhill
congressional
obligation
provide
forum
constitutional
claims
discriminatory
jurisdictional
rules
conflict
laws
rev
justice
brandeis
stated
mcknett
louis
san
francisco
power
state
determine
limits
jurisdiction
courts
character
controversies
shall
heard
course
subject
restrictions
imposed
federal
constitution
privileges
immunities
clause
requires
state
accord
citizens
substantially
right
access
courts
accords
citizens
corfield
coryell
compare
canadian
northern
ry
eggen
full
faith
credit
clause
requires
state
take
jurisdiction
action
enforce
judgment
recovered
another
state
although
might
refused
entertain
suit
original
cause
action
obnoxious
public
policy
fauntleroy
lum
kenney
lodge
loughran
loughran
decided
day
ante
mondou
new
york
action
connecticut
domestic
corporation
settled
state
whose
ordinary
jurisdiction
prescribed
local
laws
appropriate
occasion
may
refuse
entertain
suits
federal
employers
liability
act