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MARTINEZ v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 00-51135.

300 F.3d 567 (2002)

Laura A. MARTINEZ, Plaintiff-Appellee, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE; Adonay Davila, in his official and individual capacity; Eduardo Carmona, in his official and individual capacity; Raymond Villarreal, Warden, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 25, 2002.

Attorney(s) appearing for the Case

Rachel Mary Reuter (argued), Sally L. Justice, San Antonio, TX, for Plaintiff-Appellee.

Lisa Royce Eskow (argued), Kevin Robert Lashus, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before BARKSDALE and STEWART, Circuit Judges, and DUPLANTIER, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this interlocutory appeal concerning Eleventh Amendment and qualified immunity, the issues at hand are: whether Texas waived Eleventh Amendment immunity in federal court either by removing this action to federal court or by waiving sovereign immunity in state court under the Texas Whistleblower Act, Tex. Gov't Code Ann. § 554; and whether Laura Martinez has shown violation of a clearly established constitutional right...

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