Schlafly v. Volpe

CAMPBELL, Senior District Judge. This suit challenges the legality of the suspension of federal funding applicable to certain highway construction projects in Madison County, Illinois, and the closing of several other Madison highway projects by Illinois officials. Plaintiffs appeal from an order granting defendants' motions to dismiss. With respect to the federal officials named as defendants, the district court ruled that it had ""no jurisdiction under the doctrine of sovereign immunity to order expenditure of federal funds or other such relief against government officials acting in their official capacity."" Regarding the state officials named as defendants, William Cellini and Richard Golterman, the district court found that Count I of the complaint failed to state a cause of action and that Count II had been rendered moot by S.I.B.A. v. Ogilvie, 327 F. Supp. 1154 (S.D. Ill. 1971), aff'd 471 F.2d 680 (7th Cir. 1972). We reverse the dismissal of the federal defendants and affirm the dismissal of the state defendants.