Case Details

Issues

Sovereign Immunity As It Applies To Attorney General In Freedom Of Information Act Claim

Filing State

VA

Court

U.S. Court of Appeals for the Fourth Circuit

Year

2010

Citation

McBurney v. Cuccinelli, 616 F.3d 393 (4th Cir. 2010)

Resolution

The federal district court held that the Attorney General was immune from suit under the Eleventh Amendment. The Court of Appeals for the Fourth Circuit affirmed the holding.

Case Description

Three plaintiffs, who were not citizens of Virginia and had been denied information that they requested pursuant to the VFOIA, sued the Attorney General and the heads of the agencies who denied their requests, alleging violation of the dormant commerce clause.