United States Ninth Circuit

The Bankruptcy Code does not contain an unequivocally express waiver of sovereign immunity for U.S. trustees, thus such immunity bars a suit filed against a U.S. trustee acting in his official capacity, based on acts conducted within the course and scope of his employment.

Appellate Information

• Argued 04/11/2003
• Decided 04/29/2003
• Published 04/29/2003

Judges

• Before:  D.W. NELSON, THOMAS, Circuit Judges, and PREGERSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• M. Robert Dauber,Kiersten A. Murphy and Karen Stillwell.   Arizona State University College of Law, Civil Practice Clinic, Tempe, AZ, attorneys for the appellants.


• For Appellees:
  
• Robert P. Brouillard, Assistant United States Attorney, Seattle, WA, attorney for the appellees.