Dist. Ct. did not err in denying defendants-State Public Service Commissioners’ motion to dismiss on sovereign immunity grounds plaintiffs’ action that challenged construction of $500 million, 100-mile power line, where instant action, which sought to enjoin enforcement of permit to allow said construction, sued defendants in their official capacities. While sovereign immunity would normally apply, Ct. of Appeals found that Ex parte Young exception to application of sovereign immunity applied, since: (1) instant case sought only prospective relief in form of declaration that two out of three Commissioners who issued permit had labored under conflict of interest; and (2) instant case pertained to alleged ongoing violation of federal law. However, Dist. Ct. erred in denying defendants' request for abstention under Colorado River, 424 U.S. 800, which allows Dist. Ct. to await outcome of plaintiffs’ parallel state litigation, where there is substantial likelihood that state case would resolve federal claim. This is so, Ct. reasoned, since: (1) plaintiffs raised materially identical due-process recusal claims in both state and federal court; (2) instant case implicates serious state interests regarding operation of Wisconsin administrative law and judicial review of state-agency proceedings; and (3) state case had already advanced toward resolution of due-process claim.
Federal 7th Circuit Court
Civil Court
Standing