green
Positive treatment
Quoted verbatim 16×
104.2 score
G Cite
cited 4× by 4 distinct cases, 2021–2024 ·
…lthough the declaratory judgment act provides a remedy different from an injunction-it does not provide an additional cause of action with respect to the underlying claim.
⚠ not in text
Treatment trajectory · 2001 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
How cited ↗
examined
Cited "but see"
United States v. Abbott
(4×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
But see Okpalobi, 244 F.3d at 421 (holding that Young applies where “the defendant state official . . . at least [has] the ability to act”); cf. Doyle v. Hogan, 1 F.4th 249, 256 (4th Cir. 2021) (“Even so, we could find the required connection [under Ex parte Young] if the Governor is able to direct Maryland’s Secretary of Health to enforce the Act by initiating a disciplinary proceeding.”); Tex. All. for Retired Ams. v. Scott, 28 F.4th 659, 672 (5th Cir. 2022) (“If the official does not compel or constrain anyone to obey the challenged law, enjoining that official could not stop an…
discussed
Cited "but see"
SkyRunner L L C v. Louisiana Motor Vehicle Commission
(2×)
also: Cited as authority (rule)
La. 2020) (citing Air Evac, 851 F.3d at 518 ; K.P. v. LeBlanc, 627 F.3d 115 , 120–25 (5th Cir. 2010)); but see Morris v. Livingston, 739 F.3d 740, 746 (5th Cir. 2014) (quoting approvingly Okpalobi, 244 F.3d at 416 (plurality)).
discussed
Cited as authority (verbatim quote)
Salamah v. UT Southwestern Health Systems
(2×)
also: Cited as authority (rule)
he necessary fiction of young requires that the defendant state official be acting, threatening to act, or at least have the ability to act.
discussed
Cited as authority (verbatim quote)
Wong v. Federal Trade Commission
in the context of injunctive relief, a plaintiff cannot satisfy the redressability prong of standing when the plaintiff sues a defendant who has no power to redress the alleged injury.
examined
Cited as authority (verbatim quote)
R.D. Offutt Farms Co. v. White Earth Division of Natural Resources
ny probe into the existence of a young exception should gauge (1) the ability of the official to enforce the statute at issue under his statutory or constitutional powers, and (2) the demonstrated willingness of the official to enforce the statute.
discussed
Cited as authority (verbatim quote)
State v. Jason Roberts
ew rules are without exceptions.
discussed
Cited as authority (verbatim quote)
Lang v. Tarrant County District Court
he eleventh amendment bars suits by private citizens against a state in federal court, irrespective of the nature of the relief requested
examined
Cited as authority (verbatim quote)
Alvarez v. Texas Education Agency
because these defendants have no powers to redress the injuries alleged, the plaintiffs have no case or controversy with these defendants that will permit them to maintain this action in federal court.
discussed
Cited as authority (verbatim quote)
Barnes v. Collier
it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.
examined
Cited as authority (verbatim quote)
Duit Construction Company Inc. v. Scott Bennett
(3×)
also: Cited "see"
plaintiff may not sue a state official who is without any power to enforce the complained-of statute
discussed
Cited as authority (verbatim quote)
Reproductive Health Services Of Planned Parenthood Of The St. Louis Region, Inc. v. Nixon
(2×)
also: Cited as authority (rule)
the requirements of lujan are entirely consistent with the long-standing rule that a plaintiff may not sue a state official who is without any power to enforce the complained-of statute.
examined
Cited as authority (verbatim quote)
Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc. v. Nixon
(4×)
also: Cited as authority (rule)
the requirements of lujan are entirely consistent with the long-standing rule that a plaintiff may not sue a state -12- official who is without any power to enforce the complained-of statute.
examined
Cited as authority (quoted)
Jefferson Parish Firefighters Association v. Louisiana Board of Ethics
tate officers can be sued in federal court despite the eleventh amendment if the officers have some connection with the enforcement of the act in question or are specially charged with the duty to enforce the statute and are threatening to exercise that duty.
discussed
Cited as authority (quoted)
Holcomb v. Specialized Loan Servicing, LLC
lthough the declaratory judgment act provides a remedy different from an injunction-it does not provide an additional cause of action with respect to the underlying claim.
discussed
Cited as authority (quoted)
Galindo v. Nationstar Mortgage, LLC
lthough the declaratory judgment act provides a remedy different from an injunction-it does not provide an additional cause of action with respect to the underlying claim.
discussed
Cited as authority (quoted)
Daigle v. Amerihome Mortgage Company, LLC
lthough the declaratory judgment act provides a remedy different from an injunction-it does not provide an additional cause of action with respect to the underlying claim.
discussed
Cited as authority (quoted)
BVCV High Point, LLC v. The City of Prattville, Alabama
he law makes clear that-although the declaratory judgment act provides a remedy different from an injunction-it does not provide an additional cause of action with respect to the underlying claim.
discussed
Cited as authority (quoted)
Ferrell v. Union Home Mortgage Corp.
lthough the declaratory judgment act provides a remedy different from an injunction-it does not provide an additional cause of action with respect to the underlying claim.
discussed
Cited as authority (rule)
Vernon Jermaine Mills v. Harold Clarke, et al.
Tex. Mar. 14, 2019) (case dismissed without prejudice because plaintiff-inmate, alleging a RLUIPA violation had “failed to establish the existence of a case or controversy against” two Texas Department of Criminal Justice employers because they no longer had any authority over plaintiff, and, under RLUIPA, the only available remedy was injunctive and therefore “any injunction granted by this Court against [the defendants] would be ‘utterly meaningless’” (quoting Okpalobi v. Foster, 244 F.3d 405, 426-27 (5th Cir. 2001))), report and recommendation adopted, 2019 WL 1760080 (E.D.
cited
Cited as authority (rule)
Pete v. Louisiana State
Nov. 18, 2015) (citing Okpalobi v. Foster, 244 F.3d 405, 417 (5th Cir. 2001); Doe v. Jindal, No. 11-3888, 2011 WL 3925042 , at *5 (E.D.
discussed
Cited as authority (rule)
The State of Texas v. the City of Houston, the City of San Antonio, and the City of El Paso
To the extent the Cities attempt to base their standing on their exposure to notice and litigation by any person claiming injuries from preempted regulations, the Cities “confuse[] the statute’s immediate coercive effect . . . with any coercive effect that might be applied by the defendant[] . . . .” Okpalobi v. Foster, 244 F.3d 405, 426 (5th Cir. 2001) (holding, in suit challenging constitutionality of statute making abortion providers liable to patients in tort for damages caused by abortions, that plaintiff providers’ “assertion that they w[ould] be forced to discontinue offering …
discussed
Cited as authority (rule)
Healthy Vision Assoc v. Abbott
This guidepost was initially articulated in Okpalobi v. Foster, 244 F.3d 405, 416 (5th Cir. 2001) (en banc) (opinion of Jolly, J.),1 and was restated in Morris v. Livingston, 739 F.3d 740, 746 (5th Cir. 2014).
discussed
Cited as authority (rule)
Williams v. Attorney General State of Louisiana
Bank, 527 U.S. 627, 634 (1999) (citation omitted). 43 Texas v. Caremark, Inc., 584 F.3d 655, 658 (5th Cir. 2009) (quoting Sherwinski v. Peterson, 98 F.3d 849, 851 (5th Cir. 1996)). 44 Okpalobi v. Foster, 244 F.3d 405, 411 (5th Cir. 2001) (emphasis added). 45 Id. 46 Ysleta Del Sur Pueblo v. Laney, 199 F.3d 281, 285 (5th Cir. 2000). 47 Phillips, 24 F.4th at 450 (quoting Williams ex rel.
discussed
Cited as authority (rule)
Navarro v. United States Center for SafeSport
And while Plaintiffs make a conclusory statement that USOPC is “enforcing” SafeSport’s decisions, (id. ¶ 118), they do not identify any specific enforcement role that USOPC plays.6 See Disability Rights S.C., 24 F.4th at 901 (recognizing the “the long-standing rule that a plaintiff may not sue a state official who is without any power to enforce the complained-of statute” (quoting Okpalobi v. Foster, 244 F.3d 405, 426 (5th Cir. 2001) (en banc))).
cited
Cited as authority (rule)
Martin v. Burgess
Okpalobi v. Foster, 244 F.3d 405, 411 (5th Cir. 2001) (citation omitted).
discussed
Cited as authority (rule)
Sanderson v. Bailey
According to the Eighth Circuit, “[t]he Ex parte Young doctrine does not apply when the defendant official has neither enforced nor threatened to enforce the statute challenged as unconstitutional.” 281 Care Comm., 766 F.3d at 797 (quotation omitted). “[A]ny probe into the existence of a Young exception should gauge (1) the ability of the official to enforce the statute at issue under his statutory or constitutional powers, and (2) the demonstrated willingness of the official to enforce the statute.” Id. (quoting Okpalobi v. Foster, 244 F.3d 405, 417 (5th Cir. 2001)).
cited
Cited as authority (rule)
Haverkamp v. Penn
Okpalobi v. Foster, 244 F.3d 405, 416 (5th Cir. 2001). 1.
cited
Cited as authority (rule)
Savant v. United National Insurance Co
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001).
cited
Cited as authority (rule)
PIERRE v. JOHNSON
It is elemental that courts cannot force a defendant “to act in any way that is beyond [the defendant’s] authority to act in the first place.” Okpalobi v. Foster, 244 F.3d 405, 427 (5th Cir. 2001).
discussed
Cited as authority (rule)
Reule v. Jackson
“The second and third standing requirements—causation and 10 Case: 23-40478 Document: 114-1 Page: 11 Date Filed: 08/19/2024 No. 23-40478 coercive effect” on Appellants, but Appellants confuse that effect “with any coercive effect that might be applied by the defendants[.]” Okpalobi v. Foster, 244 F.3d 405, 426 (5th Cir. 2001) (en banc) (emphasis in original).
cited
Cited as authority (rule)
George v. Abbott
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001) (en banc).
discussed
Cited as authority (rule)
Sheppheard v. Justice
S.C., 24 F.4th at 901 (4th Cir. 2022) (finding principles underlying Eleventh Amendment immunity considerations “apply with equal force in the standing context”) (citing Okpalobi v. Foster, 244 F.3d 405, 426 (5th Cir. 2001) (en banc) (“The requirements of Lujan are entirely consistent with the long-standing rule that a plaintiff may not sue a state official who is without any power to enforce the complained-of statute.”)).
discussed
Cited as authority (rule)
MC Trilogy Texas LLC v. City of Heath Texas
(2×)
See OCA- Greater Hous., 867 F.3d at 613-14 ; Okpalobi v. Foster, 244 F.3d 405, 427 (5th Cir. 2001) (en banc). -15- MC Trilogy has satisfied its burden to show that its injury is fairly traceable and redressable.
cited
Cited as authority (rule)
State of Texas v. Xavier Becerra, Secretary of the U.S. Department of Health and Human Services
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001) (en banc).
discussed
Cited as authority (rule)
Villagomez v. Hernanado County Circuit Court
(2×)
also: Cited "see"
A plaintiff may not avoid this bar simply by naming an individual state officer as a party in lieu of the State.” Id. at 411 (citation omitted).’”).
cited
Cited as authority (rule)
Horizon Bank SSB v. Patrick
Okpalobi v. Foster, 244 F.3d 405, 427 (5th Cir. 2001).
cited
Cited as authority (rule)
National Association for the Advancement of Colored People v. Reeves
Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001) (en banc) (finding that “if any one of [the] three elements [required for standing] is absent, plaintiffs have no standing in federal court[.]”).
discussed
Cited as authority (rule)
Daniel Cameron, in His Official Capacity as Attorney General of the Commonwealth of Kentucky v. Jefferson County Board of Education
For standing to exist, there must be “an actual enforcement connection – some enforcement power or act that can be enjoined – between the defendant official and the challenged statute.” Okpalobi v. Foster, 244 F.3d 405, 419 (5th Cir. 2001).
discussed
Cited as authority (rule)
Free Speech Coalition, Inc. v. LeBlanc
(2×)
The Fifth Circuit has consistently applied Ex Parte Young’s holding establishing a two-part test that requires a defendant state official to have “(1) the ability . . . to enforce the statute at issue under his statutory or constitutional powers, and (2) the demonstrated willingness . . . to enforce the statute.”48 This distillation of Ex Parte Young was first explained by Judge Jolly, writing for a non-binding seven-judge plurality in 2001’s Okpalobi v. Foster,49 in which the Louisiana governor and attorney general invoked sovereign immunity as a defense to a suit brought by providers…
cited
Cited as authority (rule)
People for the Ethical Treatment of Animals, Inc. v. Young
Okpalobi v. Foster, 244 F.3d 405, 411 (5th Cir. 2001) (citation omitted).
discussed
Cited as authority (rule)
Velayas v. The State of Texas
“If any one of these three elements—injury, causation, and redressability—is absent, plaintiffs have no standing in federal court under Article III of the constitution to assert their claim.” Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001).
cited
Cited as authority (rule)
Thompson v. City of Mont Belvieu <b><font color=\red\">DO NOT DOCKET. Case remanded to 344th District Court of Chambers County
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001).
cited
Cited as authority (rule)
Crocker v. Austin
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001) (en banc).
cited
Cited as authority (rule)
League of United Latin American Citizens v. Abbott
ITI, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001) (en banc).
discussed
Cited as authority (rule)
Velayas v. State of Maryland
“If any one of these three elements—injury, causation, and redressability—is absent, plaintiffs have no standing in federal court under Article III of the constitution to assert their claim.” Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001).
discussed
Cited as authority (rule)
Bosarge v. Edney
(2×)
also: Cited "see"
Applying Ex parte Young broadly to any suit against state officials simply because they are generally tasked with enforcement or execution of the state’s laws “would permit the narrow exception to swallow the fundamental, constitutionally-based rule.” Okpalobi v. Foster, 244 F.3d 405, 413 (5th Cir. 2001) (en banc) (plurality op.).
cited
Cited as authority (rule)
Houston Land and Cattle Company, LC v. Bisso Case remanded to (the 239th Judicial District Court of Brazoria County, Texas).
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001).
discussed
Cited as authority (rule)
Singh v. United States Department of Homeland Security
Pa. 2009) (“[i]f the defendants have no power to redress the alleged injuries even if the court were to grant the requested relief, the plaintiff has no case or controversy against those particular defendants.” (citing Okpalobi v. Foster, 244 F.3d 405, 427 (5th Cir. 2001))).
cited
Cited as authority (rule)
Fisher v. Smith
Okpalobi v. Foster, 244 F.3d 405, 427 (5th Cir. 2001).
cited
Cited as authority (rule)
Martinez v. Texas Department Of Criminal Justice <font color=\red\">DO NOT DOCKET. CASE HAS BEEN REMANDED.</font>"
III, § 2, cl. 1; Okpalobi v. Foster, 244 F.3d 405, 425 (5th Cir. 2001).
Retrieving the full opinion text from the archive…
Okpalobi
v.
Foster
v.
Foster
98-30228.
Court of Appeals for the Fifth Circuit.
Jan 17, 2000.
Cited by 1 opinion | Published
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30228
IFEANYI CHARLES ANTHONY OKPALOBI, doing business as Gentilly Medical Clinic for Women Plaintiff-Appellee and CAUSEWAY MEDICAL SUITE; BOSSIER CITY MEDICAL SUITE; HOPE MEDICAL GROUP FOR WOMEN, DELTA WOMEN’S CLINIC; WOMEN’S HEALTH CLINIC; JAMES DEGUERCE; A JAMES WHITMORE, III Intervenors-Appellees versus
MIKE FOSTER, Governor of the State of Louisiana; STATE OF LOUISIANA, Substituted in place of Kenneth Duncan, Treasurer of the State of LA Defendants-Appellants - - - - - Appeal from the United States District Court for the Eastern District of Louisiana - - - - -
(Opinion September 17, 1999, 5 Cir., 1999, _____F.3d____)
(January 6, 2000)
Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.
BY THE COURT:
A majority of the judges in active service having
determined, on the court’s own motion, to rehear this case en banc, IT IS ORDERED that this cause shall be reheard by the court
en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.