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JACKSON v. GEORGIA DEPT. OF TRANSP.

No. 92-8334.

16 F.3d 1573 (1994)

Gaye JACKSON, Barbara Bowens, Plaintiffs-Appellees, State Farm Mutual Automobile Insurance Company, Plaintiff, v. GEORGIA DEPARTMENT OF TRANSPORTATION, Defendant, Don King, Gene Malcom, Defendants-Appellants, Joe Street, Don Senkbeil, Bobby Melton, Edwin Thompson, Van Ethridge, Don Watson, Allan Childers, Defendants, Jimmy Vaughn, Brian Summers, Jerry Hillhouse, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 25, 1994.

Attorney(s) appearing for the Case

George P. Shingler, Sr., Eric A. Brewton, Cathy A. Cox-Brakefield, Asst. Attys. Gen., Atlanta, GA, for defendants-appellants.

William B. Hardegree, Hatcher, Stubbs, Land, Hollis & Rothschild, Charles A. Gowen, F. Houser Pugh, Columbus, GA, for plaintiffs-appellees.

Before BLACK and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge.

BLACK, Circuit Judge:

In this appeal we determine whether individuals employed by a state agency are entitled to Eleventh Amendment immunity from suit in federal court when they are sued in their individual capacity but are nevertheless eligible for insurance protection from the state's voluntarily established liability insurance trust fund, through which the state will pay the verdict. We hold that a state's liability insurance...

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