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GORKA BY GORKA v. SULLIVAN

No. 95-3170.

82 F.3d 772 (1996)

Shelley GORKA, a minor, By Next Friend her mother, Sauncey GORKA, et al., Plaintiffs-Appellants, v. Cheryl SULLIVAN in her individual capacity and as secretary of the Indiana Family and Social Services Administration, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1996.

Rehearing and Suggestion for Rehearing Denied June 12, 1996.

Attorney(s) appearing for the Case

Thomas R. Ruge, Richard T. Trettin, Todd A. Richardson (argued), Lewis & Kappes, Indianapolis, IN, Randall R. Fearnow, David F. McNamar, McNamar, Fearnow & McSharar, Indianapolis, IN, for Plaintiffs-Appellants.

Pamela Carter, Beth Henkel (argued), Office of Atty. Gen., Indianapolis, IN, for Defendants-Appellees.

Before CUMMINGS, MANION, and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 12, 1996.

TERENCE T. EVANS, Circuit Judge.

The doctrine of sovereign immunity gives broad protection to the states. And a sharply divided Supreme Court has recently broadened that protection. But does the doctrine operate as a sword as well as a shield? Can a state remove a case to a federal forum, only to contend that no relief can be granted against it when it gets there? That is the issue we touch...

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