USSERY v. STATE OF LA.

No. 97-30545.

150 F.3d 431 (1998)

Karen M. USSERY, Plaintiff-Appellee, v. STATE OF LOUISIANA, on Behalf of LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS; Pinecrest Developmental Center; Rodney Richmond, Defendants, State of Louisiana, on behalf of Louisiana Department of Health and Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 5, 1998.


Attorney(s) appearing for the Case

David Edward Stanley, Baton Rouge, LA, for Plaintiff-Appellee.

Seth Michael Galanter, Jessica Dunsay Silver, U.S.Dept. of Justice, Appellate Section, Civil Rights Division, Washington, DC, for Intervenor.

David Glen Sanders, Asst. Atty. General, Baton Rouge, LA, for Defendant-Appellant.

Before DUHE, BENAVIDES and STEWART, Circuit Judges.


BENAVIDES, Circuit Judge:

The appellant, the State of Louisiana, brings this interlocutory appeal challenging the district court's denial of its motion for summary judgment, in which the State argued that the plaintiff's claims against it under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and the Equal Pay Act of 1963 ("EPA"), as amended, 29 U.S.C. § 206(d), were barred by the Eleventh Amendment. For the reasons set forth below...

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