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DELLA GROTTA v. STATE OF R.I.

No. 85-1214.

781 F.2d 343 (1986)

Anthony DELLA GROTTA, Plaintiff, Appellee, v. STATE OF RHODE ISLAND, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 17, 1986.

Attorney(s) appearing for the Case

Elizabeth A. Del Padre, Sp. Asst. Atty. Gen., with whom Arlene Violet, Atty. Gen., was on brief for appellant.

Thomas C. Plunkett with whom Leonard A. Kiernan, Jr. was on brief for appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and CEREZO, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

The State of Rhode Island appeals from a jury verdict in the United States District Court for the District of Rhode Island awarding plaintiff Anthony Della Grotta $14,000 against the State for alleged deprivation of his civil rights. We hold that the State has waived its eleventh amendment immunity and is otherwise a suable "person" within 42 U.S.C. § 1983. Because there was lacking any...

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