Indiana Protection And Advocacy Serv V Indiana Family And Social Serv Admin No 08 3183

In an action challenging provisions of the Protection and Advocacy for Individuals with Mental Illness Act, district court judgment is vacated for lack of jurisdiction where plaintiff is a public agency established under the Developmental Disabilities Assistance and Bill of Rights Act, and thus cannot sue another state agency in federal court as it is outside the scope of 42 U.S.C. 1983 and blocked by the Eleventh Amendment.    

Read Indiana Protection and Advocacy Serv. v. Indiana Family and Social Serv. Admin., No. 08-3183

Appellate InformationAppeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Argued: January 29, 2009Decided: July 28, 2009

JudgesBefore EASTERBROOK, Chief Judge, SYKES, Circuit Judge, and KENDALL, District JudgeOpinion by EASTERBROOK, Chief Judge.

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