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IRIZARRY-MORA v. UNIVERSITY OF PUERTO RICO

No. 09-2314.

647 F.3d 9 (2011)

Dr. Jesús IRIZARRY-MORA, Plaintiff, Appellant, v. UNIVERSITY OF PUERTO RICO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Heard November 4, 2010.

Attorney(s) appearing for the Case

Edelmiro Salas González for appellant.

Oreste R. Ramos Pruetzel , with whom Julio Nigaglioni Arrache and Laura B. Arroyo-Lugo were on brief, for appellee.

Before TORRUELLA, LIPEZ, and THOMPSON, Circuit Judges.

LIPEZ, Circuit Judge.

Adhering to longstanding precedent, the district court dismissed this age discrimination action against the University of Puerto Rico ("University" or "UPR") on the ground that the University is an arm of the state entitled to Eleventh Amendment immunity from suit in federal court. On appeal, the plaintiff asserts that this circuit's test for analyzing whether a public entity is an arm of the state has changed in recent years, and he argues that...

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