BILL M. EX REL WILLIAM M. v. NEBRASKA DEPT. H.H.S.

No. 04-3263.

408 F.3d 1096 (2005)

BILL M., by and through his father and natural guardian, WILLIAM M., and on behalf of themselves and all other persons similarly situated; John Doe, by and through his mother and natural guardian, Jane Doe, and on behalf of themselves and all other persons similarly situated; Heather V., by and through her mother and guardian, Marcia V., and on behalf of themselves and all other persons similarly situated; Jane S., by and through her mother and natural guardian, Patricia S., and on behalf of themselves and all other persons similarly situated; Kevin V., by and through his mother and legal guardian, Kathy V., and on behalf of all other persons similarly situated; Jennifer T., by and through her parents and legal guardians, Sharon and Greg T., and on behalf of themselves and all other persons similarly situated; William M., on behalf of his son, Bill M.; Jane Doe, on behalf of her son, John Doe; Marcia V., on behalf of her daughter, Heather V.; Patricia S., on behalf of her daughter, Jane S.; Kathy V., on behalf of her son, Kevin V.; Sharon T., on behalf of her daughter, Jennifer T.; Greg T., on behalf of his daughter, Jennifer T., Plaintiffs/Appellees, United States of America, Intervenor on Appeal, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES FINANCE AND SUPPORT; Nebraska Department of Health and Human Services; Stephen B. Curtiss, in his official capacity as the Director of Nebraska Department of Health and Human Services Finance and Support; Ron Ross, in his official capacity as the Director of Nebraska Department of Health and Human Services, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2005.


Attorney(s) appearing for the Case

Douglas D. Dexter, argued, Assistant Attorney General, Lincoln, NE, for appellants.

Shirley A. Mora James, argued, Lincoln, NE (Dianne D. DeLair and Bruce G. Mason, on the brief), for appellees.

Sarah E. Harrington, U.S. Dept. of Justice, Civil Rights Div., argued (Jessica Dunsay Silver and Kevin Russell, U.S. Dept. of Justice, Civil Rights Div., Appellate Section, on the brief), for intervenor U.S.

Before WOLLMAN, HANSEN, and COLLOTON, Circuit Judges.


WOLLMAN, Circuit Judge.

The Nebraska Department of Health and Human Services and the Nebraska Department of Health and Human Services Finance and Support (collectively, Nebraska) appeal from the district court's denial of their motion to dismiss based on Eleventh Amendment sovereign immunity. We reverse.

I.

Bill M. and six other developmentally disabled adults (Plaintiffs) sued Nebraska and various Nebraska officials in their official capacities...

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