OAG successful at the US Supreme Court
Attorney General Edward Manibusan announced yesterday that the Office of the Attorney General was successful in its victory in Ramsey v. Muna et al at the Ninth Circuit Court of Appeals.
The Ninth Circuit had ruled in Ramsey vs Muña et al that the Commonwealth is entitled to sovereign immunity in federal courts from claims arising under the Commonwealth’s own laws.
Manibusan said: “Sovereign immunity is the concept that a sovereign government can only be sued with its consent. The U.S. Supreme Court’s denial of Ramsey’s petition is an important victory as it upholds the Ninth Circuit’s decision placing the Commonwealth on par with all other states and territories of the union who cannot be hauled into federal court to answer for claims based upon their own laws without their consent.”
Gary Ramsey, a physician, had sued the Commonwealth and the Commonwealth Healthcare Corp., seeking damages and injunctive relief after being denied admitting privileges.
After his loss in the Ninth Circuit Court of Appeals, Ramsey submitted a petition for writ of certiorari to the U.S. Supreme Court, in hopes of having the Ninth Circuit decision overturned.
The Office of the Attorney General in turn submitted with the Supreme Court a brief in opposition. On Oct. 30, 2017, the OAG’s brief in opposition was favorably taken and Ramsey’s petition was formally denied, making the Commonwealth’s sovereign immunity certain in federal cases arising out of Commonwealth law. (PR)