Federal Court Can’t Force State AG to Sue Foundation

Eleventh Amendment bars federal suits against state officials on basis of state law

The Second Circuit Court of Appeals has affirmed the dismissal of a citizen’s federal court complaint seeking to force the Attorney General of New York to take action against a charitable foundation under New York law. ( Carvel v. Cuomo, No. 08-3703, 12/21/09 .) Pamela Carvel, niece of the ice cream franchiser, brought suit in a federal District Court without a lawyer to force New York Attorney General Andrew Cuomo to bring an action to dissolve the Thomas and Agnes Carvel Foundation. She alleged violations of the federal Constitution and statutes, including the Racketeering law, and asked the court to force the AG to dissolve the foundation under the state Not-for-Profit Law and to “...

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Federal Court Can’t Force State AG to Sue Foundation

Federal Court Can’t Force State AG to Sue Foundation