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PENSE v. MD DPS & CORRECTIONAL SERVICES

No. 18-1554.

926 F.3d 97 (2019)

Michael PENSE, Plaintiff-Appellee, v. MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2019.

Attorney(s) appearing for the Case

ARGUED: Jennifer L. Katz , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant. Susan L. Kruger , ALAN LESCHT & ASSOCIATES, P.C., Washington, D.C., for Appellee. ON BRIEF: Brian E. Frosh , Attorney General, James N. Lewis , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant.

Reversed and remanded by published opinion. Judge King wrote the opinion, in which Judge Motz and Judge Wynn joined.

This appeal and ongoing proceedings in the District of Maryland concern the state and federal employment discrimination claims of plaintiff Michael Pense, a former employee of the defendant Maryland Department of Public Safety and Correctional Services. Pertinent here, the Department has asserted that the Eleventh Amendment...

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