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MONTGOMERY v. MARYLAND

No. 00-2099.

266 F.3d 334 (2001)

Sheila K. MONTGOMERY, Plaintiff-Appellant, v. The State of MARYLAND; Department of Public Safety and Correctional Services, Division of Corrections; Robert Kupec, Warden; George Kaloroumakis, Assistant Warden, Defendants-Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 2001.

Attorney(s) appearing for the Case

ARGUED: Jonathan Richard Siegel, George Washington University School of Law, Washington, DC, for Plaintiff-Appellant. Alisa Beth Klein, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Amicus Curiae. Andrew Howard Baida, Solicitor General, Baltimore, MD, for Defendants-Appellees. ON BRIEF: Deborah A. Jeon, American Civil Liberties Union Foundation of Maryland, Centreville, MD; Robin R. Cockey, Cockey, Brennan & Maloney, Salisbury, MD, for Plaintiff-Appellant. David W. Ogden, Assistant Attorney General, Lynne A. Battaglia, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Amicus Curiae. J. Joseph Curran, Jr., Attorney General of Maryland, Scott S. Oakley, Assistant Attorney General, Amanda S. La Forge, Staff Attorney, Baltimore, MD, for Defendants-Appellees.

Before WILKINSON, Chief Judge, and WILKINS and LUTTIG, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON, wrote the opinion, in which Judge WILKINS and Judge LUTTIG, joined.

OPINION

WILKINSON, Chief Judge:

This case requires us to decide whether the district court properly dismissed plaintiff's suit on sovereign immunity grounds. We affirm the dismissal, but for reasons different from the district court.

I.

Plaintiff Sheila Montgomery worked as an administrative aide to the Warden...

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