|
CSPA
California
Sportfishing Protection Alliance
“Conserving
California’s Fisheries" |
|
|
Home |
|
|
More
News
|
|
| "...For
the reasons set forth above, the State Defendants’ motion for
judgment on the pleadings is GRANTED. Neither the Coalition or
Dee Dillon have alleged facts sufficient for standing and the
claims against the Commission and its individual Members and
Executive director are barred by both legislative and immunity
and the Eleventh Amendment. "
Judge Wanger |
|
| Your
501(c)(3) tax deductible cash donations are desperately needed
if the fight for our fisheries is to continue. Read
how you can donate! |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 More
News
CSPA News
Huge Victory in Striper Trial, Plaintiffs have "No
standing"
July 25, 2008. Judge Wanger's
ruling:
"...Before the court for decision is State Defendants’ motion for
judgment on the pleadings. (Doc. 24, filed May 5, 2008.)
State defendants argue that: (1) neither the Coalition nor Dee Dillon
have standing to sue; (2) the individual defendants named in their
official capacities as Members of the Commission are absolutely immune
from suit by virtue of the legislative immunity doctrine; and (3) the
Eleventh Amendment otherwise bars suit against the Commission’s
Members and Executive Director..."
The Judge's Conclusion section read this way:
"...For the reasons set forth above, the State Defendants’ motion
for judgment on the pleadings is GRANTED. Neither the Coalition or Dee
Dillon have alleged facts sufficient for standing and the claims against
the Commission and its individual Members and Executive director are
barred by both legislative and immunity and the Eleventh Amendment.
Plaintiffs are GRANTED LEAVE TO AMEND, if they can do so within the
requirements of Rule 11, within thirty (30) days..."
The question remains as to whether the Coalition has
"standing" to sue DFG. While CSPA and the firm of Nomellini, Grilli
and McDaniel are ready to
intervene, that effort may not be necessary if the judge rules in a
similar manner regarding DFG as a defendant. We'll just have to wait and
see.
|