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WALKER v. JEFFERSON COUNTY BD. OF EDUC.

Nos. 13-14182, 13-14927, 13-14624.

771 F.3d 748 (2014)

Darryl WALKER, et al., Plaintiffs-Appellants, v. JEFFERSON COUNTY BOARD OF EDUCATION, et al., Defendants-Appellees. Michael Weaver, Plaintiff-Appellee, v. Madison City Board of Education, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 4, 2014.

Attorney(s) appearing for the Case

John David Saxon, Sr. , John D. Saxon, PC, Jerome Tucker , Law Office of Jerome Tucker, LLC, Birmingham, AL, for Plaintiffs-Appellants in Dockets 13-14182 and 13-14927.

Whit Cohan , Carl Johnson , Claire Hyndman Puckett , Bishop Colvin Johnson & Kent, LLC, Birmingham, AL, for Defendants-Appellees in Dockets 13-14182 & 13-14927, and Defendants-Appellants in Docket 13-14624.

Nathaniel S. Pollock , U.S. Department of Justice, Dennis John Dimsey and Mark L. Gross , U.S. Department of Justice, Civil Rights Div., Appellate Section, Washington, DC, for Intervenor-Appellee in Docket 13-14624.

Edward Still , Edward Still Law Firm, LLC, Birmingham, AL, Philip A. Hostak and Alice O'Brien , National Education Association, Office of General Counsel, Washington, DC, Kathryn S. Piscitelli , Law Office of Kathryn Piscitelli, Orlando, FL, for Plaintiff-Appellee in No. 13-14624.

Jayne Harrell Williams , Hill Hill Carter Franco Cole & Black, PC, Montgomery, AL, for Amicus Curiae.

Before ED CARNES, Chief Judge, and JORDAN and ROSENBAUM, Circuit Judges.

JORDAN, Circuit Judge:

In these consolidated appeals — Walker and Weaver — the Jefferson County Board of Education and the Madison City Board of Education ask us to recede from our opinion in Stewart v. Baldwin Cnty. Bd. of Educ., 908 F.2d 1499, 1511 (11th Cir.1990), which held that school boards in Alabama are not arms of the state and therefore not entitled to Eleventh Amendment immunity. With...

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