BIBBS v. NEWMAN

No. IP 95-1490-C H/G.

997 F.Supp. 1174 (1998)

Peggy Lynn BIBBS, Plaintiff, v. Scott C. NEWMAN, individually and in his capacity as Prosecuting Attorney for the 19th Judicial Circuit, Office of the Prosecuting Attorney for the 19th Judicial Circuit of Indiana, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

February 27, 1998.


Attorney(s) appearing for the Case

Stephen Laudig, Laudig & George, Indianapolis, IN, for Plaintiff.

Donald W. Rupprecht, McHale Cook & Welch, Indianapolis, IN, for Defendants.

Wayne E. Uhl, Office of the Indiana Attorney General, Indianapolis, IN, for amicus curiae State of Indiana.


ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND RELATED MOTIONS

HAMILTON, District Judge.

This civil rights case presents several questions of law about the employment of deputy prosecuting attorneys in Indiana. As explained below, the court concludes that when an Indiana prosecuting attorney makes employment decisions concerning deputy prosecuting attorneys, the prosecuting attorney acts as a state official for purposes of the Eleventh Amendment to...

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