Is a state law tort claim against the Secretary of State barred by 42.2 U.S.C. Sec. 405(h) of the Civil Rights Act?
MultiRegion, United States of America
The following excerpt is from Hooker v. U.S. Dept. of Health and Human Services, 858 F.2d 525 (9th Cir. 1988):
The district court also ruled that plaintiffs' state law tort claim against the state defendants was "merely a disguised dispute with the Secretary" and therefore was also barred by 42 U.S.C. Sec. 405(h). We agree. See Ellis v. Blum, 643 F.2d 68, 76 (2d Cir.1981). 5
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