California is asking a federal judge to throw out Tory Lanez's $100 million federal lawsuit over his prison stabbing.
According to newly filed court documents reviewed by Complex, Attorney General Rob Bonta's office submitted a motion on Wednesday (July 29) seeking to dismiss every claim against the California Department of Corrections and Rehabilitation, arguing the agency cannot legally be sued under the federal law Lanez is relying on. Specifically, the AG is claiming that the Eleventh Amendment to the Constitution gives the state immunity from being sued in federal court.
The amendment says, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or Citizens or Subjects of any Foreign State." The AG's office makes the argument that this prohibition applies as well to any action against a state by one of its own citizens.
The motion asks the court to dismiss Lanez's claims without giving his attorneys an opportunity to amend the complaint.
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According to newly filed court documents reviewed by Complex, Attorney General Rob Bonta's office submitted a motion on Wednesday (July 29) seeking to dismiss every claim against the California Department of Corrections and Rehabilitation, arguing the agency cannot legally be sued under the federal law Lanez is relying on. Specifically, the AG is claiming that the Eleventh Amendment to the Constitution gives the state immunity from being sued in federal court.
The amendment says, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or Citizens or Subjects of any Foreign State." The AG's office makes the argument that this prohibition applies as well to any action against a state by one of its own citizens.
The motion asks the court to dismiss Lanez's claims without giving his attorneys an opportunity to amend the complaint.
COMPLEX SHOP: Shop the brands you love, anytime and anywhere. Uncover what's next. Buy. Collect. Obsess.
#federal #amendment
3 months ago
