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Kimel v. Florida Board of Regents, 528 U.S. 62 (2000), was a US Supreme Court case that determined that the US Congress's enforcement powers under the Fourteenth Amendment to the US Constitution did not extend to the abrogation of state sovereign immunity under the Eleventh Amendment over complaints of discrimination that is rationally based on age.
The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims ...
Florida, [1] the Supreme Court ruled that the Congress's authority, under Article One of the United States Constitution, could not be used to abrogate state sovereign immunity. [2] However, the Congress can authorize lawsuits seeking monetary damages against individual U.S. states when it acts pursuant to powers delegated to it by amendments ...
“We would be sitting on our hands,” said Jose Arrojo, the executive director of the Miami-Dade Commission on Ethics and Public Trust.
Florida's Sunshine laws are meant to keep our government transparent. But the laws are under siege by officials who want to work in secrecy. Opinion: Transparency in Florida government requires ...
Critics argue qualified immunity has allowed government actors, like police officers, who abused power or engaged in unethical conduct to escape responsibility by demanding the plaintiff prove they violated "clearly established" laws or rights, which is a very difficult standard to meet (most cases are unsuccessful). [1] [2] [3]
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Sovereign immunity laws ensure that action cannot be brought against the Florida government for more than $200,000, with an exception for breach of contract cases. [8] Specifically, section 768.28, Florida Statutes, is a limited waiver of the state's sovereign immunity.