J. Daniel KIMEL, Jr., Ralph C. Dougherty, Burton H. Altman, Robert W. Beard, Valdall K. Brock, et al., Plaintiffs-Appellees,
Doris C. Baker, et al., Plaintiffs,
v.
STATE OF FLORIDA BOARD OF REGENTS, Defendant-Appellant.
Wellington N. DICKSON, a.k.a. Duke, Plaintiff-Appellee,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, Jackson County, Defendant-Appellant,
Jackson Correctional Institution, Jim Folsom, and James Edward Childs, a.k.a. J.E. Childs, Major, Defendants.
Roderick MACPHERSON, Marvin Narz, Plaintiffs-Appellants,
v.
UNIVERSITY OF MONTEVALLO, Defendant-Appellee,
National Employment Lawyers Association, Amicus,
United States of America, Intervenor-Appellant.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
April 30, 1998.
April 30, 1998.
Attorney(s) appearing for the Case
Peter S. Fleitman, Dept. of Legal Affairs, Wendy S. Morris, Florida Bd. of Regents, Office of Human Resources, Tallahassee, FL, for State of Florida Bd. of Regents.
Robert H. Chanin, Jeremiah A. Collins, Jonathan Hacker, Bredhoff & Kaiser, Washington, DC, for Plaintiffs-Appellees in 96-2788.
Seth M. Galanter, Civ. Rights Div., U.S. Dept. of Justice, Washington, DC, for United States.
Robert Butterworth, Atty. Gen., Lynn G. Franklin and Amelia L. Beisner, Asst. Attys. Gen., Tallahassee, FL, for Florida Dept. of Corrections.
Gerald J. Houlihan, Houlihan & Partners, P.A., Miami, FL, for Dickson.
David R. Arendall, Birmingham, AL, for Plaintiffs-Appellants in 96-6947.
Douglas A. Hedin, Elizabeth A. Glidden, Minneapolis, MN, for amicus curiae National Employment Lawyers Ass'n.
William F. Gardner, Cabaniss, Johnston & Gardner, Birmingham AL, for University of Montevallo.
Before HATCHETT, Chief Judge, and EDMONDSON and COX, Circuit Judges.
United States Court of Appeals, Eleventh Circuit.
EDMONDSON, Circuit Judge:1
Three cases presenting the same or similar issues of Eleventh Amendment immunity were consolidated and are addressed in this appeal. In all three cases, the States, or their agencies, submitted motions to dismiss based on Eleventh Amendment immunity. The issues in this appeal are whether Congress abrogated States' Eleventh Amendment immunity for suits under the Age...
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