Fontenot v. McCraw, No. 13-20611 (5th Cir. 2015)
Annotate this CasePlaintiffs filed suit alleging that the City misreported charges under the Texas Driver Responsibility Program to plaintiffs and that the State overcharged plaintiffs as a result. On appeal, defendant, the Director of the Texas Department of Public Safety, challenged the district court's partial denial of his motion to dismiss the case against him for want of jurisdiction. The court concluded that plaintiff Fontenot lacks standing to sue; plaintiffs Miller and Zamarron have no live controversy with the State for correction of driving records, and therefore the class action claim for similar relief is moot and nonjusticiable; the refund claims to recover surcharges are barred by the Eleventh Amendment and sovereign immunity; and the court found it unnecessary to discuss the State's jurisdictional defense. Accordingly, the court vacated the district court's order denying state sovereign immunity and remanded with instructions to dismiss for lack of federal jurisdiction.
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