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LOYA v. TEXAS DEPT. OF CORRECTIONS

No. 88-6145 Summary Calendar.

878 F.2d 860 (1989)

Ruben LOYA, Jr., Plaintiff-Appellee, v. TEXAS DEPARTMENT OF CORRECTIONS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 2, 1989.

Attorney(s) appearing for the Case

James C. Todd, Kathlyn C. Wilson, Asst Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendant-appellant.

Leopoldo Fraga, Jr., Fraga & Associates, Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges:

PER CURIAM:

The Texas Department of Corrections appeals from an order of the district court denying its motion to dismiss this action on the ground of eleventh amendment sovereign immunity. Finding that the district court erred in denying the motion, we remand with instructions that the suit against the Texas Department of Corrections be dismissed.

Ruben Loya, Jr. brought suit against the Texas Department of Corrections (TDC) as the only defendant. His complaint...

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