STATE OF OR. v. CITY OF RAJNEESHPURAM

Civ. No. 84-359 FR.

598 F.Supp. 1217 (1984)

STATE OF OREGON, Plaintiff, v. CITY OF RAJNEESHPURAM, a putative Oregon municipal corporation; Wasco County, a political subdivision of the State of Oregon; Robert M. Brown, Sheriff of Wasco County; Rajneesh Foundation International, a New Jersey corporation; Rajneesh Investment Corporation, an Oregon corporation; Rajneesh Neo-Sannyas International Commune, an Oregon corporation; Ma Anand Sheela, individually; Swami Prem Jayananda, Ma Yoga Vidya, Swami Krishna Deva, Ma Prem Archan, Swami Deva Sandesh, Ma Prem Patipada, Ma Deva Jayamala, Ma Sat Prabodhi, Ma Prem Rikta, individually and as representatives of the class of all current residents of the City of Rajneeshpuram, Defendants.

United States District Court, D. Oregon.

November 16, 1984.


Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., William F. Gary, Deputy Atty. Gen., John A. Reuling, Jr., Sp. Counsel, Robert W. Muir, Margaret Rabin, Asst. Attys. Gen., Salem, Or., for plaintiff.

Wilford K. Carey, Hood River, Or., for Wasco County.

Ma Prem Sangeet, Rajneesh Legal Services Corp., Swami Prem Niren, Swami Prartho Subhan, Rajneeshpuram, Or., Robert D. Durham, Portland, Or., for defendants.


OPINION AND ORDER

FRYE, Judge:

The matter before the court is plaintiff State of Oregon's motion for summary order challenging the jurisdiction of this court to grant injunctive relief against the State of Oregon. The State of Oregon's motion involves (1) the nature and extent of a state's immunity from suit in federal court under the eleventh amendment to the United States Constitution, and (2) what constitutes a waiver of that immunity.

Plaintiff...

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