§Why CasetextPricing

Drayton et al v. McIntosh County, Georgia et al

REPLY to Response to Motion re

77 Cited authorities

  1. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 20,018 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,240 times   622 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,953 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  4. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,608 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

  5. Kimel v. Florida Board of Regents

    528 U.S. 62 (2000)   Cited 2,290 times   9 Legal Analyses
    Holding that the Age Discrimination in Employment Act, 29 U.S.C. § 626(b), effectively abrogated states’ sovereign immunity by incorporating the Fair Labor Standards Act's cause of action against a "public agency," which the FLSA statutorily defined to include "any agency of ... a State, or a political subdivision of a State," 29 U.S.C. §§ 203(x), 216(b)

  6. Jones v. R.R. Donnelley Sons Co.

    541 U.S. 369 (2004)   Cited 1,751 times   3 Legal Analyses
    Holding that four-year statute of limitations applies to § 1981 claim "made possible by" the 1991 amendments

  7. United States v. Georgia

    546 U.S. 151 (2006)   Cited 1,526 times   1 Legal Analyses
    Holding that Title II of the Americans with Disabilities Act validly abrogated state sovereign immunity "insofar as [it] create[d] a private cause of action for damages against the States for conduct that actually violates the Fourteenth Amendment"

  8. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,651 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  9. Tennessee v. Lane

    541 U.S. 509 (2004)   Cited 1,415 times
    Holding that in providing prophylactic relief in the context of a "fundamental right of access to [state] courts," Title II of the ADA "constitutes a valid exercise of Congress's § 5 authority to enforce the guarantees of the Fourteenth Amendment" and abrogates the states' Eleventh Amendment sovereign immunity

  10. City of Boerne v. Flores

    521 U.S. 507 (1997)   Cited 1,837 times   21 Legal Analyses
    Holding that RFRA is unconstitutional in so far as it permits suits against state actors

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 505,787 times   708 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,838 times   265 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  14. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,232 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  15. Section 1982 - Property rights of citizens

    42 U.S.C. § 1982   Cited 2,663 times   13 Legal Analyses
    Providing for damages in cases of intentional racial employment discrimination

  16. Section 2000d-3 - Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment

    42 U.S.C. § 2000d-3   Cited 169 times   2 Legal Analyses
    Prohibiting government agencies and departments from commencing action "with respect to any employment practice of any employer . . . except where a primary objective of the Federal financial assistance is to provide employment"

  17. Section 50-4-3 - Assignment for administrative purposes only; authorities to retain separate identities

    Ga. Code § 50-4-3   Cited 4 times

    (a) An agency assigned to a department for administrative purposes only shall: (1) Exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure

  18. Section 12-3-232 - Creation of authority as instrumentality of state and public corporation; delegation of powers and duties; duration of existence

    Ga. Code § 12-3-232   Cited 3 times

    (a) There is created a body corporate and politic to be known as the Jekyll Island-State Park Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority may delegate to one or more of its members, or to its officers, agents, and employees, such powers and duties as it may deem proper

  19. Section 12-3-443 - Creation; power to contract and sue; assignment to Department of Natural Resources

    Ga. Code § 12-3-443   Cited 3 times

    (a) There is created a body corporate and politic to be known as the Sapelo Island Heritage Authority, which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Fulton County, Georgia, as provided in Code Section 12-3-451 of this part. The authority shall have all the rights afforded the state by virtue of the Constitution

  20. Section 12-3-445 - Powers and duties

    Ga. Code § 12-3-445   Cited 1 times

    The authority shall have the following powers and duties, in addition to other powers and duties set forth in this part: (1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, including tenancies in common, located both inside the Hog Hammock community