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ANDRUS EX REL. ANDRUS v. ARKANSAS

No. 99-1639.

197 F.3d 953 (1999)

Dustin ANDRUS, by and through his guardians Sharan ANDRUS and Rose Givens; Sharan Andrus; and Rose Givens, Appellees, v. State of ARKANSAS, Arkansas State Police Department, and John Bailey, Director, Arkansas State Police Department, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: November 30, 1999.

Attorney(s) appearing for the Case

Annamary Dougherty, Little Rock, Arkansas, argued (Brian G. Brooks, on the brief), for Appellants.

Lynn Daniel Lisk, Little Rock, Arkansas, argued (Ed Webb, on the brief), for Appellees.

Before: RICHARD S. ARNOLD and LOKEN, Circuit Judges, and SIPPEL, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

Defendants moved for the dismissal of claims against them on the ground of Eleventh Amendment immunity. The District Court2 partially denied their motion, retaining John Bailey in his official capacity for purposes of injunctive relief. The defendants appeal, and we affirm. We hold that the complaint sufficiently requests injunctive relief against Col. Bailey to survive a motion to dismiss.

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