Article Archives >> Lead Stories >> January 1-15, 2010
Preview of Article:
Federal Court Can’t Force
State AG to Sue Foundation
Eleventh Amendment bars federal suits
against state officials on basis of state law
The Second Circuit Court of Appeals has affirmed the dismissal of a citizen’s federal court complaint seeking to force the Attorney General of New York to take action against a charitable foundation under New York law. (Carvel v. Cuomo, No. 08-3703, 12/21/09.)
Pamela Carvel, niece of the ice cream franchiser, brought suit in a federal District Court without a lawyer to force New York Attorney General Andrew Cuomo to bring an action to dissolve the Thomas and Agnes Carvel Foundation. She alleged violations of the federal Constitution and statutes, including the Racketeering law, and asked the court to force the AG to dissolve the foundation under the state Not-for-Profit Law and to “enforce the rights of [charitable] beneficiaries by appropriate proceedings in the courts.” The District Court dismissed the case and the Court of Appeals has affirmed.
“It is well established that the Eleventh Amendment bars federal suits against state officials on the basis of state law,” the Court of Appeals said. “It is difficult to think of a greater intrusion on state sovereignty than when a federal court instructs state officials on how to conform their conduct to state law.”
The Court noted that while Carvel had alleged a number of violations of federal law, she had not alleged that the Attorney General himself violated any federal law or that he had any personal involvement in the alleged deprivation of her constitutional rights.
YOU NEED TO KNOW
This is another reminder of how limited is the right of the general public, even namesake members of the public, to sue to enforce charitable standards. If the Attorney General is not interested in pursuing a claim against the charity, it often cannot be pursued—except through the media and the court of public opinion. Public exposure in the media is often a more direct threat to charity operations than any potential lawsuit.
Article Archives >> Lead Stories >> January 1-15, 2010
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