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NOBILE v. MASSACHUSETTS

Civil Action No. 2008-11048-PBS.

675 F.Supp.2d 214 (2009)

Sean NOBILE, Plaintiff, v. Commonwealth of MASSACHUSETTS, et al., Defendants.

United States District Court, D. Massachusetts.

December 22, 2009.

Attorney(s) appearing for the Case

Marco T. Bon Tempo, Stephen E. Kesselman, Kenneth B. Walton, Donovan & Hatem, LLP, LLP, Boston, MA, for Naph-Care, Inc.

David A. Hilton, Morrison Mahoney LLP, Boston, MA, for Correctional Medical Systems, Inc.

Bradford E. Keene, Bradford Eliot Keene, Esquire, Lynnfield, MA, for Sean Nobile.

Valerie A. McCormack, Stephen C. Pfaff, Louison, Costello, Condon & Pfaff, LLP, Boston, MA, for Frank G. Cousins, Jr.

PROCEDURAL ORDER ON DEFENDANT NAPHCARE, INC.'S MOTION FOR SUMMARY JUDGMENT (# 77)

COLLINGS, United States Magistrate Judge.

In its Reply Memorandum, Etc., NaphCare argues that claims against it are barred by the Eleventh Amendment. The Eleventh Amendment bars suits from being brought in federal courts for monetary damages against states, unless the state waives its immunity or consents to being sued. Kentucky v. Graham, 473 U...

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