United States Fourth Circuit

The district court must have an opportunity to consider the question of an Ex parte Young exception to the soveriegn immunity doctrine before the appellate court can decide the controversy.

Appellate Information

• Decided 02/16/2001
• Published 02/16/2001

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.