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PETTIGREW v. OKLAHOMA EX REL. OKLAHOMA DEPT. OF PUBLIC SAFETY

No. 12-6113.

722 F.3d 1209 (2013)

Thomas Trent PETTIGREW, Plaintiff-Appellee, v. State of OKLAHOMA, ex rel., The OKLAHOMA DEPARTMENT OF PUBLIC SAFETY, a statutory state agency, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 15, 2013.

Attorney(s) appearing for the Case

Kevin L. McClure , Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, for Defendant-Appellant.

Scott F. Brockman ( Stanley M. Ward and Barrett T. Bowers , with him on the brief), Ward and Glass, L.L.P., Norman, OK, for Plaintiff-Appellee.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

This appeal presents only one issue for consideration: whether a settlement agreement between Thomas Trent Pettigrew and the Oklahoma Department of Public Safety (DPS) waived the state's "Eleventh Amendment" right not to be sued in federal court. Although the language of the agreement is not explicit, the agreement's reference to bringing suit in federal court has no reasonable construction except as a waiver. We therefore hold that there was...

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