ESTATE OF LANGAN EX REL. LANGAN v. NEBRASKA

No. 4:97CV3305.

63 F.Supp.2d 1025 (1999)

ESTATE OF Timothy LANGAN, Through Billy J. LANGAN, P.R., Plaintiff, v. State of NEBRASKA, Defendant.

United States District Court, D. Nebraska.

September 1, 1999.


Attorney(s) appearing for the Case

Carole J. McMahon-Boies, Pepperl, McMahon-Boies Law Firm, Lincoln, NE, for Plaintiff.

Donald B. Stenberg, Carla H. Risko, Nebraska Attorney General's Office, Lincoln, NE, for Defendant.


MEMORANDUM AND ORDER

KOPF, District Judge.

Pending before me is the motion of the State of Nebraska to dismiss this case (filing 108). Also pending is the motion to amend the complaint. (Filing 111) Oral argument has been held on both motions. I will grant the motion to amend the complaint, but dismiss this case on Eleventh Amendment grounds. Briefly, my reasons for doing so are set forth below.

I.

Timothy Langan was an epileptic. As a...

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