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STROUD v. McINTOSH

No. 12-10436.

722 F.3d 1294 (2013)

Patricia G. STROUD, Plaintiff-Appellant, v. Phillip McINTOSH, the Alabama Board of Pardons and Paroles, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 23, 2013.

Attorney(s) appearing for the Case

Jimmy Douglas Jacobs , Jimmy Jacobs LLC, Montgomery, AL, for Plaintiff-Appellant.

David R. Mellon , Kyle Thomas Smith , Sirote & Permutt, PC, Birmingham, AL, Merideth Hamilton Barnes , Steven Mallette Sirmon , Ala. Bd. of Pardons and Paroles, Andrew Lynn Brasher , John Cowles Neiman, Jr. , Luther J. Strange, III , Atty. General's Office, Montgomery, AL, for Defendants-Appellees.

Before WILSON and COX, Circuit Judges, and VOORHEES, District Judge.

COX, Circuit Judge:

The principal issues we address in this appeal are (1) whether removal of this case to a federal court waived the state agency's sovereign immunity from suit in a federal court, and (2) whether removal of the case waived the agency's sovereign immunity from liability on a claim under the federal Age Discrimination in Employment Act. We conclude that removal waived the agency's immunity from suit in a federal forum but did not waive...

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