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ROSS v. JEFFERSON COUNTY DEPT. OF HEALTH

No. 11-14258 Non-Argument Calendar.

701 F.3d 655 (2012)

Sherry ROSS, Plaintiff-Appellant, v. JEFFERSON COUNTY DEPARTMENT OF HEALTH, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 15, 2012.

Attorney(s) appearing for the Case

Henry L. Penick , H.L. Penick & Associates, PC, Birmingham, AL, for Plaintiff-Appellant.

James E. Ferguson, III , Wade Cooper Merritt , Spain & Gillon, LLC, Birmingham, AL, for Defendant-Appellee.

Before HULL, PRYOR and FAY, Circuit Judges.

PER CURIAM:

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

The main issue presented in this appeal is whether the Jefferson County Department of Health is a state agency entitled to sovereign immunity, under the Eleventh Amendment, from a complaint of discrimination by a former employee. Sherry Ross appeals the summary judgment in favor of her former employer, the...

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