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HUMENANSKY v. REGENTS OF UNIVERSITY OF MINNESOTA

No. 97-2302.

152 F.3d 822 (1998)

John HUMENANSKY, Plaintiff-Appellant, v. REGENTS OF THE UNIVERSITY OF MINNESOTA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 11, 1998.

Attorney(s) appearing for the Case

Clair Edward Schaff, Minneapolis, MN, argued, for Appellant.

Mark B. Rotenberg, Minneapolis, MN, argued (Tracy M. Smith, on the brief), for Appellee.

Seth M. Galanter, Washington, DC, argued (Isabelle Katz Pinzler and Jessica Dunsay Silver, on the brief), for Intervenor.

Before WOLLMAN and LOKEN, Circuit Judges, and BATAILLON, District Judge.

LOKEN, Circuit Judge.

The Eleventh Amendment bars federal court jurisdiction over a suit between an unconsenting State and one of its citizens unless Congress has effectively abrogated the State's Eleventh Amendment immunity. See Edelman v. Jordan, 415 U.S. 651, 662-63, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). The University of Minnesota is "an instrumentality of the state" entitled to...

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