Professional Documents
Culture Documents
94-2240
ROBERT D. SPICKLER,
Plaintiff, Appellant,
v.
STATE OF MAINE,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
___________________
____________________
Before
Torruella, Chief Judge,
___________
Selya and Boudin, Circuit Judges.
______________
____________________
Robert D. Spickler on brief pro se.
__________________
Andrew Ketterer, Attorney General, and Francis E. Ackerm
________________
___________________
Assistant Attorney General, on brief for appellee.
____________________
____________________
Per Curiam.
__________
U.S.C.
has filed a
42
of his
plaintiff's complaint
is irreparably
Amendment rights.
flawed
in various
21,
suit under
25-26
1983.
(1991); Will
____
"person"
58, 62-70
the Eleventh
(1989).
Amendment.
Second,
Contrary
440 U.S.
332,
seeking
to plaintiff's
342 (1979).
is
the action
to
his
to actions seeking
damages.
See,
___
Auth. v. Metcalf & Eddy, Inc., 113 S. Ct. 684, 688-89 (1993);
_____
____________________
Pennhurst State School & Hosp.
_______________________________
v. Halderman,
_________
465 U.S.
89,
____________________
1. Plaintiff does not argue that Maine has effected a
general waiver of its Eleventh Amendment immunity in cases of
this nature. We thus need not address the issue, other than
to note that such a contention has been elsewhere rejected.
See, e.g., Grenier v. Kennebec County, Maine, 733 F. Supp.
___ ____
_______
_______________________
455 (D. Me. 1990).
lack
decisions
in
jurisdiction
particular
proceedings even
if those
"over
challenges
cases
arising
accord,
______
e.g., Rooker
____ ______
(1923).
falls
v.
judicial
the state
Feldman,
_______
the
plaintiff from
leave of
court.
those enumerated
District of Columbia
_____________________
460 U.S.
462,
Finally, most if
within
out
scope
not all of
of
the
by the
486
263
(1983);
U.S. 413
1987
to state-court
of
injunction
barring
we agree
well as
with the
facie
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