1. Home
  2. Browse Decisions
  3. F.3d
  4. 240 F.3d
  5. 240 F.3d 404 (2001)
 

LYTLE v. GRIFFITH

No. 99-2609.

240 F.3d 404 (2001)

David LYTLE; Jeanette Lytle; Joan Maguire, Plaintiffs-Appellees, v. Charles D. GRIFFITH, Jr., in his official capacity as Norfolk Commonwealth Attorney; Honorable James S. Gilmore, III, in his official capacity as Governor of the Commonwealth of Virginia, Defendants-Appellants, and Charles R. Brewer, Individually and in his official capacity as Lieutenant of the Norfolk Police Department, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 2001.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Solicitor General, Office of the Attorney General, Richmond, VA, for Appellants. Michael Joseph DePrimo, American Family Association Center for Law and Policy, Tupelo, MS, for Appellees. ON BRIEF: Mark L. Earley, Attorney General of Virginia, Judith Williams Jadgmann, Deputy Attorney General, Gregory E. Lucyk, Senior Assistant Attorney General, Kevin O. Barnard, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellants. Stephen M. Crampton, Brian Fahling, American Family Association Center for Law and Policy, Tupelo, MS, for Appellees.

Before WILKINSON, Chief Judge, and MICHAEL and KING, Circuit Judges.

OPINION

KING, Circuit Judge:

This appeal relates to whether James S. Gilmore, III, the Governor of the Commonwealth of Virginia (the "Governor"), is protected by the Eleventh Amendment from suit in the underlying action — an issue the Governor failed to raise in the district court prior to this appeal. In the underlying case, the district court granted a preliminary injunction barring enforcement of Virginia Code section 46.2 930, which prohibits...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases