26 Cited authorities

  1. Hafer v. Melo

    502 U.S. 21 (1991)   Cited 6,636 times   2 Legal Analyses
    Holding that state officials may be sued under § 1983 in their personal capacity for damages caused by actions taken by them in their official capacities
  2. National League of Cities v. Usery

    426 U.S. 833 (1976)   Cited 785 times   1 Legal Analyses
    Holding the FLSA overtime provisions unconstitutional as applied to state and local government; Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (overruling Usery)
  3. United States ex rel. Oberg v. Pa. Higher Educ. Assistance Agency

    745 F.3d 131 (4th Cir. 2014)   Cited 422 times
    Finding that the autonomy factor “cut both ways,” even though the entity had the “power to enter into contracts, sue and be sued, and purchase and sell property in its own name”
  4. Bowers v. National

    475 F.3d 524 (3d Cir. 2007)   Cited 442 times   1 Legal Analyses
    Holding that Bowers stated a claim under Title II
  5. Moore v. City of Harriman

    272 F.3d 769 (6th Cir. 2001)   Cited 433 times
    Holding that failure to explicitly state in complaint whether a defendant is being sued in his or her individual capacity "is not fatal if the course of the proceedings otherwise indicate that the defendant received sufficient notice"
  6. Stoner v. Santa Clara County

    502 F.3d 1116 (9th Cir. 2007)   Cited 225 times   1 Legal Analyses
    Holding that "a pro se relator cannot prosecute a qui tam action on behalf of the United States"
  7. Kreipke v. Wayne State Univ.

    807 F.3d 768 (6th Cir. 2015)   Cited 118 times   3 Legal Analyses
    Finding sovereign immunity where constitutional and statutory provisions required state to fund university
  8. Gragg v. Kentucky Cabinet for Workforce Development

    289 F.3d 958 (6th Cir. 2002)   Cited 142 times
    Holding that a letter critiquing a government employee selection process was not a matter of public concern despite touching on implications beyond its author
  9. U.S. ex Rel. Gaudineer Comito L.L.P. v. Iowa

    269 F.3d 932 (8th Cir. 2001)   Cited 70 times
    Holding that state official could not be sued under the FCA in his individual capacity unless he was acting "outside his official duties" when he took the action alleged to violate the FCA (quoting Bly-Magee, 236 F.3d at 1016)
  10. Kovats v. Rutgers, the State University

    822 F.2d 1303 (3d Cir. 1987)   Cited 105 times
    Holding that Rutgers University was "largely autonomous and subject only to minimal state supervision and control"
  11. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,036 times   523 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  12. Section 446.010 - [Effective 1/1/2023] Definitions for statutes generally

    Ky. Rev. Stat. § 446.010   Cited 138 times   1 Legal Analyses

    As used in the statute laws of this state, unless the context requires otherwise: (1) "Action" includes all proceedings in any court of this state; (2) "Animal" includes every warm-blooded living creature except a human being; (3) "Attorney" means attorney-at-law; (4) "Bequeath" and "devise" mean the same thing; (5) "Bequest" and "legacy" mean the same thing, and embrace either real or personal estate, or both; (6) "Business trust" includes, except when utilized in KRS Chapter 386, a "statutory trust"

  13. Section 164A.550 - Definitions for KRS 164A.555 to 164A.630

    Ky. Rev. Stat. § 164A.550   Cited 2 times
    Describing University of Louisville, among others, as a "public supported postsecondary educational institution[]"
  14. Section 164.821 - Board of Trustees of University of Louisville - Membership - Terms - Grounds for removal and replacement of all board members

    Ky. Rev. Stat. § 164.821   Cited 2 times

    (1) The government of the University of Louisville is vested in a board of trustees appointed for a term set by law pursuant to Section 23 of the Constitution of Kentucky. The board shall consist of ten (10) members appointed by the Governor, at least one (1) of whom shall be a graduate of the university; one (1) member of the teaching faculty of the University of Louisville who shall be the chief executive of the ranking unit of faculty government; one (1) member of the permanent staff of the University

  15. Section 164A.560 - Election by institution to perform in accordance with KRS 164A.555 to 164A.630

    Ky. Rev. Stat. § 164A.560   Cited 2 times

    (1) The governing boards of the postsecondary educational institutions electing to perform in accordance with KRS 164A.555 to 164A.630 regarding the acquisition of funds, accounting, purchasing, capital construction, and affiliated corporations shall do so by regulation. The responsibility for this election is vested with the governing boards, any other statute to the contrary notwithstanding. The governing board may delegate these responsibilities by regulation to appropriate officials of the institution

  16. Section 164A.610 - Organization and operation of affiliated corporations

    Ky. Rev. Stat. § 164A.610   Cited 2 times

    (1) An institution may organize and operate one (1) or more affiliated corporations to assist it in carrying out its programs, missions or other functions. A qualified firm of certified public accountants experienced in the auditing of colleges and universities and their affiliated corporations shall be engaged to conduct an annual examination of the corporation's financial statements in accord with generally accepted auditing standards for the purpose of rendering an independent opinion thereon

  17. Section 41.070 - Moneys to be deposited in state depositories - Exceptions - Designated depositories - Records of agencies

    Ky. Rev. Stat. § 41.070   Cited 1 times

    (1) Unless otherwise expressly provided by law, no receipts from any source of state money or money for which the state is responsible shall be held, used, or deposited in any personal or special bank account, temporarily or otherwise, by any agent or employee of any budget unit, to meet expenditures or for any other purpose. (2) All receipts of any character of any budget unit, all revenue collected for the state, and all public money and dues to the state shall be deposited in state depositories

  18. Section 42.540 - Annual reports of nonprofit fiduciary holding funds for benefit of state organization

    Ky. Rev. Stat. § 42.540   Cited 1 times

    Notwithstanding KRS 41.290, every nonprofit fiduciary holding funds for the benefit of any form of state organization, including, but not limited to, Eastern Kentucky University, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, University of Kentucky, University of Louisville, Western Kentucky University, Kentucky Community and Technical College System, and the State Fair Board shall make a report according to generally accepted accounting

  19. Section 41.290 - Private funds and contributions

    Ky. Rev. Stat. § 41.290

    Every department, institution or other agency of the state government having private funds or contributions available for its support or for the purpose of defraying the expenses of any work done under its direction shall deposit such funds or contributions with the Treasurer, and shall certify to the Finance and Administration Cabinet the sources from which the funds or contributions were received, the terms and conditions under which, and the purpose for which, they were received, the names of