7 thoughts on “James D’Cruz Dismissed from Case”

  1. So, who does in that situation? 11th amendment says he can’t sue in federal court, right?

    If TX doesn’t issue non-resident permits, that would be a different case, but if TX issues non-resident permits on the same grounds as resident permits, he still is being denied a permit on grounds of age. TX is still a party to the suit as defendant

  2. OK, so here’s my attempt to try to explain what I barely understand:

    I should have said venue is the issue, rather than jurisdiction. You have two choices when you sue in federal court on a federal question. You can sue in the district in which you reside, or you can sue where the plaintiff resides. The federal government resides in DC. The state defendants in the state case reside Austin, which is the Western District of Texas. Since the suit was originally brought in the Northern District of Texas, and D’Cruz no longer lives there, he can no longer be a party to the suit because it’s not the proper venue any longer for his particular controversy. He could refile in Florida, or in the Western District of Texas as a Resident of Florida, but he’s off the suit in the Northern District of Texas.

    Make sense?

  3. Ok – that did it. He’s not suing the state of TX (in the persons of its officers) in their home district, but in his. To continue for a non-resident permit, he would have to sue the officers in their district.

  4. As a party plaintiff in another carry case, this is basically how jurisdiction works.

    The plaintiff has two choices to sue persons under the federal rules of civil procedure: Their home district, or the defendant’s district. When I sue a state actor (like I am with Sheriff LaCabe of Denver County, CO), I have to sue either in the Western District of Washington or the District of Colorado. I chose the District of Colorado for judicial acumen reasons.

    D’Cruz moved out of Texas Northern District, which means his only choices for a suit is in Western District or Northern District of Florida. I expect that the D’Cruz 18 carry case case, unless they get another plaintiff, will be dismissed. Pity.

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