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ADDEN v. MIDDLEBROOKS

No. 79-1810.

688 F.2d 1147 (1982)

John ADDEN, Administrator of the Estate of Kerry K. Adden, Deceased, Plaintiff-Appellant, v. J. D. MIDDLEBROOKS, Superintendent of the Louisiana Correctional and Industrial School, Unit of Department of Corrections of the State of Louisiana, and C. Paul Phelps, Director of the State of Louisiana Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1982.

Rehearing and Rehearing Denied January 4, 1983.

Attorney(s) appearing for the Case

Gregory E. Barrett, Rockford, Ill., for plaintiff-appellant.

William Sullivan, Asst. Atty. Gen., Louisiana Dept. of Justice, Baton Rouge, La., for defendants-appellants.

Before PELL, WOOD, and CUDAHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 4, 1983.

PELL, Circuit Judge.

The plaintiff appeals from the district court's dismissal of his suit seeking damages for the wrongful death of Kerry K. Adden. We address two principal issues on appeal. The first is whether the real defendant of this suit is the State of Louisiana. If it is, the court lacked subject matter jurisdiction over the controversy and, further, the Eleventh Amendment to the Constitution...

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