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NELSON v. UNIVERSITY OF TEXAS AT DALLAS

Civil Action No. 3:05-CV-1741-N.

461 F.Supp.2d 504 (2006)

Robert T. NELSON, Plaintiff, v. UNIVERSITY OF TEXAS AT DALLAS, et al., Defendant.

United States District Court, N.D. Texas, Dallas Division.

November 1, 2006.

Attorney(s) appearing for the Case

Robert J. Wiley, Law Office of Rob Wiley, Dallas, TX, for Plaintiff.

Ruth Ruggero Hughs, Office of the Texas Attorney General, Austin, TX, for Defendant.

ORDER

GODBEY, District Judge.

Before the Court is Defendant David E. Daniel's Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) & (6). Daniel contends Plaintiff Robert T. Nelson's claims against him in his official capacity as President of the University of Texas at Dallas ("UTD") are indistinguishable from claims against the state. Daniel therefore claims sovereign immunity. Because Nelson fails to allege a continuing federal...

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