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1000 OPINION/ORDER
Because a state's sovereign immunity is not so fleeting as to depend upon the forum in which the state is sued. The judgment of the FMC is reversed and the case is remanded with directions to dismiss it. Passengers may gamble on board the ship while it is in international waters. The South Carolina State Ports Authority has a policy of refusing to berth ships whose primary purpose is gambling. Only so long as gambling is not their primary purpose. The SCSPA refused to give the M/V TROPIC SEA a berthing space at the port of Charleston because it claimed the ship's primary purpose was to facilitate gambling. Believing that it was being singled out for unfair treatment. This court held that the SCSPA is protected by South Carolina's sovereign immunity because it is an arm of the state. The doctrine that a sovereign could not be sued without its consent was universal in the States when the Constitution was drafted and ratified.
862 OPINION/ORDER
Of which she was the executive director. Arising out of activities No. 01 1261 3 that she was alleged to have committed as Discovery's director. Process or judgment that is necessary or appropriate to carry out the provisions of the [Bankruptcy Code].
791 OPINION/ORDER
Were on brief for the United States appellants.

791 OPINION/ORDER
Concluding that these State parties were indispensable parties under Federal Rule of Civil Procedure 19. Are subject to review by State public service commissions and thereafter. The parties found themselves in a dispute over whether Bell Atlantic had to pay reciprocal compensation for its subscribers' telephone calls made to Internet Service Providers (
791 OPINION/ORDER
Were on brief for the United States appellants.

759 OPINION/ORDER
The Minneapolis Community Development Agency (hereinafter
755 OPINION/ORDER
The appeal was not submitted as NRG Energy. Which was in bankruptcy proceedings. Argued the case for the appellant and was on the briefs. Were also on the briefs. Argued the case for the appellees and was on the joint briefs of the appellees. Hixson were also on the joint briefs as attorneys for the same parties. Were on the joint briefs of the appellees. Were on the joint briefs of the appellees. Were on the joint briefs of the appellees. Were on the joint briefs of the appellees. Were on the brief of amici curiae State of Washington and State of Oregon in support of plaintiff. 2004 is hereby amended as follows: At page 8863 of the slip opinion. Delete the parenthetical quotation and add the following two sentences at the conclusion of footnote 17 as follows: At issue are not state regulatory schemes for employment discrimination. Which might indirectly and unintentionally have some possible effect on energy prices. The petition for rehearing and the petition for rehearing en banc are DENIED. Circuit Judge: We must decide whether federal removal jurisdiction lies over California state court actions alleging that several power companies fraudulently failed to deliver reserve energy that might otherwise have helped to avert the state's energy crises of 2000 and 2001.
755 OPINION/ORDER
The appeal was not submitted as NRG Energy. Which was in bankruptcy proceedings. Argued the case for the appellant and was on the briefs. Were also on the briefs. Argued the case for the appellees and was on the joint briefs of the appellees. Hixson were also on the joint briefs as attorneys for the same parties. Were on the joint briefs of the appellees. Were on the joint briefs of the appellees. Were on the joint PEOPLE OF CALIFORNIA v. Were on the joint briefs of the appellees. Were on the brief of amici curiae State of Washington and State of Oregon in support of plaintiff. Circuit Judge: We must decide whether federal removal jurisdiction lies over California state court actions alleging that several power companies fraudulently failed to deliver reserve energy that might otherwise have helped to avert the state's energy crises of 2000 and 2001. Perhaps the culmination of this rethinking was California's decision in 1996 to initiate an aggressive market experiment to deregulate and to restructure its electricity markets.
688 OPINION/ORDER
Circuit Judge: Two questions are presented for review in this appeal. We must determine whether the Secretary of Labor is entitled to equitable tolling of the statute of limitations applicable to certain actions brought by the Secretary under the Act. 29 U.S.C. § 255. We hold that the VDOT is not immune from suit by the Federal Government for violations of the Act. That the Secretary's claims that are subject to the statute of limitations are timebarred. The Secretary asserts that site to site travel must be regarded as work and hence is compensable as overtime under § 7 of the Act. The VDOT takes the position that it is immune from suit. That certain of the Secretary's claims are. A brief review of two prior lawsuits is necessary. While the VDOT inspectors' suit was pending in the district court. The federal lawsuit was dismissed pursuant to Seminole Tribe. Again arguing the suit was barred by Virginia's sovereign immunity. The Secretary sought to file an amicus brief arguing that Virginia was not immune from suit under the FLSA by private individuals in state court.
661 OPINION/ORDER
The principal issue on appeal is whether the Commonwealth of Pennsylvania waived its sovereign immunity by accepting certain federal funds for the Department of Corrections. We will reverse in part and affirm in part. George Koslow was hired by the Pennsylvania Department of Corrections as a water treatment plant supervisor for the State Correctional Institute in Graterford. He was dismissed for being unable to perform
614 OPINION/ORDER
Line 31 the spelling of Justice Frankfurter's name is corrected. Line 3 the citation to Coeur d'Alene Tribe is corrected to read
610 OPINION/ORDER
Is hereby amended as follows: Slip Op. at 9033. That is. Hence that Walker and In re Collins are 11440 no longer good law. The definition of
610 OPINION/ORDER
Is hereby amended as follows: Slip Op. at 9033. That is. Hence that Walker and In re Collins are 11440 no longer good law. The definition of
610 OPINION/ORDER
Is hereby amended as follows: Slip Op. at 9033. That is. Hence that Walker and In re Collins are 11440 no longer good law. The definition of
610 OPINION/ORDER
Is hereby amended as follows: Slip Op. at 9033. That is. Hence that Walker and In re Collins are 11440 no longer good law. The definition of
586 OPINION/ORDER
We are called upon to decide whether. The Supreme Court recently held that the Age Discrimination in Employment Act (
578 OPINION/ORDER
574 99-4203 -- MCI TELECOMMUNICATIONS CORP. V. U.S. WEST COMMUNICATIONS INC. -- 06/20/2000

Telephone service as a whole was viewed as a natural monopoly which needed to be regulated for the benefit of all users.
566 OPINION/ORDER
On the briefs were Lawrence I. With him on the brief were Peter D. Because FRA section 734 provides that
535 00-3078 -- LAFAVRE V. STATE OF KANSAS -- 04/03/2001

Was unconstitutional because it imposed lower rates on married individuals filing joint returns than on other taxpayers. Because the named defendants were the State of Kansas. Discussion

We review de novo both a district court's dismissal for lack of subject matter jurisdiction and its determination that a suit is barred by the Eleventh Amendment. U.S. It is undisputed that the defendants asserted Eleventh Amendment immunity before the district court in their motion to dismiss. This presupposition is that

531 OPINION/ORDER
Save Our Valley argues that the project will have the effect of discriminating against Rainier Valley residents based on race in violation of a Department of Transportation regulation. The primary question before us is whether that Department of Transportation regulation creates an individual federal right that can be enforced under the Civil Rights Act. I The Central Puget Sound Regional Transit Authority (
531 OPINION/ORDER
Were on brief. Were on brief. Were on brief. We concluded that § 106(b) was constitutionally infirm. They are not shielded by the Eleventh Amendment from compulsory counterclaims arising from the same transaction or occurrence as was the subject of the proof of claim.

531 OPINION/ORDER
Circuit Judge: This appeal by employees who want to collect overtime from their government employer is remarkable only because it presents once again the question whether we must decide a complex jurisdictional question first. So it will not have to respond in future overtime pay cases. Judicial economy cuts both ways. (1) Because this case is easily disposed of on the merits. A jurisdictional precedent in the employer's favor now will produce long term judicial economy by cutting off these cases at the courthouse door. We are required by our precedent to address CNMI's claim to sovereign immunity before reaching the merits. Lawrence Camacho are high ranking executive or
480 OPINION/ORDER
Circuit Judge: The present appeal is the latest chapter in the longstanding feud between citizens. The principal issue on appeal is whether the state of New Jersey waived its sovereign immunity from suit in federal court when it accepted funds disbursed pursuant to the IDEA. We will affirm.3 I. A. BACKGROUND The Statutory Framework of the IDEA The IDEA is a comprehensive scheme of federal legislation designed to meet the special educational needs of children with disabilities. The legislation was enacted in part based on Congress's findings that. 4
468 OPINION/ORDER
Were asserted under 42 U.S.C. § 1983. The only § 1983 claim preserved in this appeal is the claim that. Boddy further indicated that it might take Vinson
468 OPINION/ORDER
The cases were brought by two professors and several administrative staff against the University of Arkansas. In each case the district court1 ruled that the Title VII claims were not barred by the Eleventh Amendment. She also claimed that she was subjected to hostile workplace harassment and retaliation and that Arkansas had violated the Constitution and state law. Okruhlik also alleged that she was subjected to more stringent tenure review than her male colleagues. Schilcher alleged that she was discriminated against in terms of her employment. Lunnie and Robinson also alleged that they were retaliated against for filing an EEOC complaint. 5 In each case Arkansas filed a motion to dismiss. Arkansas asserted in addition that the state claims of Okruhlik and Schilcher were barred by the Eleventh Amendment and state immunity and that Schilcher had failed to state a claim upon which relief could be granted. The district court held that the Title VII claims were not barred because Congress had validly abrogated the states's Eleventh Amendment immunity.
468 OPINION/ORDER
Were asserted under 42 U.S.C. § 1983. The only § 1983 claim preserved in this appeal is the claim that. Boddy further indicated that it might take Vinson
464 OPINION/ORDER
452 OPINION/ORDER
We have twice before heard appeals in this case. Jeffrey Gorman now appeals the district court's posttrial ruling that punitive damages are not available under the Rehabilitation Act and the Americans with Disability Act. Gorman and a friend were in the Westport area of Kansas City. The officers were off duty and working as private security for Westport. Was told to wait until he got to the station. Which would have permitted Gorman's transportation in his chair. The officers were unable to fold the wheelchair. Gorman testified that his body swayed with every turn Almost every element of what happened that night was contested by the defendants. Whose testimony was that Gorman did not instruct the officers how to transport him. Was thoroughly drunk and belligerent. Gorman admitted that he released his seatbelt out of concern over the pressure it was placing on his urine bag. Gorman was booked. He was subsequently convicted of misdemeanor trespass. Expert testimony suggested that these injuries and the resulting pain are permanent.
448 OPINION/ORDER
The Rondout Valley Central School District Board of Education is not entitled to dismissal on the ground of Eleventh Amendment immunity. We consider whether defendant Rondout Valley Central School District Board of Education is an arm of the State of New York entitled to claim Eleventh Amendment immunity. We conclude that it is not. I. Factual Background The background facts that follow are taken from the complaint. Plaintiff Harold Woods was first employed as a per diem substitute teacher at Rondout Valley Central High School in September 1999. Because he was
448 02-3410 -- CHAFFIN V. KANSAS STATE FAIR BOARD -- 10/28/2003

Circuit Judge.

448 OPINION/ORDER
McLaughlin was on brief for appellants.

448 ABDUS-SHAHID M.S. ALI V. DC

Was on the briefs for appellant.
448 OPINION/ORDER
Plaintiffs asked the state defendants to
448 OPINION/ORDER
Was on the briefs for appellant. Its agencies and its officers in their official capacities are either barred by sover eign immunity or mooted by the inmate's transfer back to a District prison. Ali is a District of Columbia inmate serving concurrent sentences for first degree murder convictions in 1964 and again in 1986. Ali claims that his
448 OPINION/ORDER
Will &. Alvarez LLP were on brief for appellee.

440 OPINION/ORDER
Was on brief. Middleton were on brief. Were on brief. The Blind Vendors' claim is that New Hampshire did not give proper
440 03-7023 -- MAGNOLIA MARINE TRANSPORT CO. V. STATE OF OKLAHOMA -- 05/03/2004

An order denying a motion to dismiss on the basis of state sovereign immunity is immediately appealable under the collateral order doctrine. P.R. Was pushing two empty barges up the Arkansas River in Oklahoma. While Captain Dedmon was unconscious. The parties' legal actions were consolidated in federal district court in Oklahoma.
413 OPINION/ORDER
Plaintiffs have frequently sought damages from affiliated corporations. Plaintiffs with claims arising from non WARN Act sources of law against debt laden or bankrupt corporations have occasionally attempted to sue the corporations' major secured lenders. On the theory that the lenders have exercised such control over the corporations that veil piercing is appr opriate. The question before us is whether the for mer employees of Component Technology (CompTech). Have set forth sufficient evidence to cr eate a genuine issue of material fact as to whether . Requires us to consider not only the prerequisites for parent/subsidiary liability in the WARN Act context (as will be shown. That 2 jurisprudence is apposite here). Courts have been extr emely reluctant to hold lenders liable for their borrowers' actions. Some version of the
389 OPINION/ORDER
Although both of these grounds were inapposite. The district court's dismissal is therefore AFFIRMED. Is a tract of land owned by the state and maintained by Eastern Kentucky University as a wildlife refuge and research facility. The Woods are designated a National Natural Landmark as
389 OPINION/ORDER
We have jurisdiction pursuant to 28 U.S.C. § 1291(a). I. Stanley was intermittently a student at California State University. Stanley returned for the fall semester in 1999 and alleges that she was again sub STANLEY v. She alleges she was again forced to withdraw after learning that other students and faculty knew about her experience with Savino. Sent Stanley a letter stating:
389 99-1045A -- THOMPSON V. STATE OF COLORADO -- 08/07/2001
389 99-1045 -- THOMPSON V. STATE OF COLORADO -- 08/07/2001

Colorado argued that Plaintiffs' claims were barred by the Eleventh Amendment. Because Colorado is entitled to Eleventh Amendment immunity. The special license plates are supplied to the disabled at the same cost as standard license plates. See id.
374 01-8046 -- BROCKMAN V. WYOMING DEPT. OF FAMILY SERVICES -- 09/04/2003

Brockman alleges that she was targeted for unfair treatment by her supervisors. The onset of which was allegedly triggered by the hostility of her supervisors. Brockman received notice that DFS was retroactively designating the paid sick leave that she had taken between February 10 and 27. Brockman that she had used her entire 12 weeks of FMLA leave and would have to work another 12 month period beginning January 22. Brockman was suspended without pay for ten days for improper use of e mail. She was terminated on May 17. Brockman argues that it was
374 OPINION/ORDER
DHS promulgated and published eligibility rules for each year the waiver program was in operation. The Iowa regulations were consistent with federal law. The program was administered by Gary Gesaman. A relator may recover damages and attorneys fees if it is successful. It is required to deliver a copy of its complaint to the United States which has the right to intervene if it wants to pursue the claim. The allegations in the complaint were based on information acquired by Carlton G. While he was representing Keokuk County. Iowa in a state civil proceeding in which a key issue was whether an individual was mentally retarded. Gary Gesaman ha[d] operated the [waiver] program . . . allowing eligibility to those who were not mentally retarded.
374 OPINION/ORDER
Once this is done. The applicable rule is the one 2 No. 05 4064 upholding the State's Eleventh Amendment immunity in a claim under Title I of the Americans with Disabilities Act (ADA). Thus that the State is entitled to immunity here. He was transferred to the Racine Youthful Offender Facility. Toeller was absent from work frequently. Leave without pay is granted automatically if it is not expressly granted or denied within two business days. He was suspended with pay pending an investigation of a variety of infractions of workplace rules. Indicating that he was being fired for several reasons: threatening and attempting to inflict bodily harm on another person in July 2000. Toeller claims that these grounds were pretextual and that the real reason he was fired was because he took unpaid medical leave under the FMLA. Noting that it is established that
374 OPINION/ORDER
Because the defendants have raised a sovereign immunity defense to these claims as an alternative ground for affirmance. The Oakland County Community Mental Health Authority
374 OPINION/ORDER
Is a violation of § 1 of the Sherman Act. That Maryland's liquor regulatory scheme is a
374 OPINION/ORDER
Circuit Judge: We are required to determine in this case whether the Granville County (North Carolina) Board of Education enjoys Eleventh Amendment immunity in a suit brought by an employee against it under the Fair Labor Standards Act for overtime pay. Finding that the Board was
374 OPINION/ORDER
Unpublished opinions are not binding precedent in this circuit. On appeal Ellis raises one issue: whether the district court improperly found that the State Defendants were protected from her Title VII suit by the Eleventh Amendment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
358 OPINION/ORDER
Part of which is still pending. Were eligible for Hawaii's QUEST medical coverage. Have concluded after bench trials with awards of compensatory damages and are the subject of the current consolidated appeal. CHANDLER 13123 conclusion that the class plaintiffs are entitled to compensatory damages. We hold that we have jurisdiction to hear this appeal under 28 U.S.C. § 1291. Group members also had to have an income no greater than 100% of the federal poverty level and assets not in excess of $2. The State extended medical and dental benefits to a
322 OPINION/ORDER
Duran was on brief. Calabria was on brief. Were on brief. A was not a
322 01-4001 -- MACARTHUR V. SAN JUAN COUNTY -- 10/07/2002

Circuit Judge.

322 OPINION/ORDER
1996 is amended as follows: On page 2. Only those losses that Royal reasonably could have foreseen. Kelly and Cetrulo & Capone were on brief for appellant. Was on brief for appellee. The jury could have found the following. Was a distributorship for Andover Tractor Trailer School (
322 OPINION/ORDER
Circuit Judge: This tort case is a suit stemming from a personal tragedy. Their employer is not an ordinary one. It is the United States Navy. The suit is barred unless the United States has waived its sovereign immunity. I. FACTUAL AND PROCEDURAL BACKGROUND Nollie Costo and Christopher Graham were sailors in the United States Navy. Both were off duty and on liberty1 at the time. Was led by Brian Benjamin. It includes weekends. 5012 The rafting program was operated within the command structure of the military. The Navy sponsors various recreational programs that are intended to
322 OPINION/ORDER
Believing that Cummins was not making
322 OPINION/ORDER
Were on brief. Were on brief. All public elementary schools are run by the Commonwealth's Department of Education. 2002 is described below.

On August 14. He was twelve years old at the time and did not know how to read.

In the summer before Joshua started second grade. Requested a certified sign language interpreter to assist Joshua in the classroom. Joshua's mother is a special education teacher. The administrative judge found that Joshua's need for a certified sign language interpreter was

322 OPINION/ORDER
LOCKYER The full court was advised of the petition for rehearing en banc. The petition for rehearing en banc is denied. The right to keep and bear arms is in no way absolute. It is subject to reasonable restrictions such as those embedded in the statute the California legislature enacted. This case should have been reheard en banc. Dissenting from denial of rehearing en banc: Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held. We can be equally ingenious in burying language that is incontrovertibly there. It is wrong to use some constitutional provisions as springboards for major social change while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us. Expanding some to gargantuan proportions while discarding others like a crumpled gum wrapper is not faithfully applying the Constitution. The able judges of the panel majority are usually very sympathetic to individual rights. They have succumbed to the temptation to pick and choose.
322 OPINION/ORDER
File Name: 00a0184p.06 University's affirmative action procedures and occurred while he was acting in his official position and consisted only of a letter and memos addressed to the president and other members of the Board of Trustees (of which plaintiff was a member as Vice President of Human Relations). I think that the University had a significant interest in regulating the speech to make certain that it was presented in the most informative and helpful manner. I believe that in this situation the plaintiff's speech is not entitled to First Amendment protections. Who is African American. Was employed by the University of Cincinnati (
322 OPINION/ORDER
Circuit Judge: This tort case is a suit stemming from a personal tragedy. Their employer is not an ordinary one. It is the United States Navy. The suit is barred unless the United States has waived its sovereign immunity. I. FACTUAL AND PROCEDURAL BACKGROUND Nollie Costo and Christopher Graham were sailors in the United States Navy. Both were off duty and on liberty1 at the time. Was led by Brian Benjamin. It includes weekends. 5012 The rafting program was operated within the command structure of the military. The Navy sponsors various recreational programs that are intended to
322 OPINION/ORDER
Was on brief.
271 OPINION/ORDER
Circuit Judge This is a suit seeking declaratory 1 and injunctive relief compelling the Housing Authority of the City of Pittsburgh to comply with regulations the Department of Housing and Urban Development promulgated pursuant to Section 504 of the Rehabilitation Act. Our task here is to determine whether appellants may properly maintain a suit to enforce the HUD regulations. There are certainly steps HUD itself can and should take to effect compliance. The District Court partially dismissed a p p e llants' com plaint because it determined that they did not have a private right of action to enforce the HUD regulations. We will affirm the denial of a right of action to enforce the regulations. I. Section 504 of the Rehabilitation Act of 1973 is commonly referred to as the
271 OPINION/ORDER
We have jurisdiction under 28 U.S.C. § 1291. Were playing
271 OPINION/ORDER
With him on the briefs was Robert L. With her on the brief were Kenneth L. Attorney at the time the brief was filed. Plaintiffs are citizens who petitioned various parts of the Legislative and Executive Branches for redress of a variety of grievances that plaintiffs asserted with respect to the Government's tax. I Plaintiffs are numerous individuals and an organization that creatively calls itself
271 OPINION/ORDER
To an officer or employee of the United States Government . . . a false or fraudulent claim for payment or approval
271 OPINION/ORDER
Senior Circuit Judge: Cristobal Rodriguez Benitez was arrested in Venezuela and extradited to the United States. Benitez was tried and convicted of murder. The rights claimed by Benitez pursuant to the extradition treaty are clearly established federal law pursuant to treaty law. Was convicted of murdering a man involved in an altercation with Benitez's brother in San Diego. The Executive Authority of each of the Contracting Parties shall have the power to grant extradition for such crimes upon the receipt of satisfactory assurances that in case of conviction the death penalty or imprisonment for life will not be inflicted. The Venezuelan Ministry of Foreign Affairs upon receiving the request to extradite Benitez from the United States contacted the United States Embassy and asked for information related to the sentence Benitez might face if he were eventually convicted in an American court. If murder in the first degree is found. Communicated to the United States that the extradition of Benitez was
271 OPINION/ORDER
With him on the brief were Andrew C. With him on the brief was Stuart H. Two central questions have been raised on appeal: first. Whether plaintiffs have alleged facts that are legally sufficient to revoke Libya's immunity under the FSIA. That plaintiffs have failed to state a claim for hostage taking adequate to abrogate sovereign immunity and establish subject matter jurisdiction. We hold further that the allegations supporting plaintiffs' torture claim are not adequate to bring the case within the statutory exceptions to foreign sovereign immuntiy. The complaint in its present form is simply too conclusory to satisfy s 1605(a)(7). Plaintiffs have at least intimated that they can allege facts that might state a proper claim for torture under the FSIA. We will remand the case to allow plaintiffs to attempt to amend their complaint in an effort to satisfy the statute's rigorous definition of torture. We note that there is a question as to whether the complaint states a claim for relief upon which plaintiffs can recover.
271 00-6119 -- CORNFORTH V. UNIVERSITY OF OKLAHOMA BOARD OF REGENTS -- 08/16/2001

Was terminated from her position as a medical staff secretary at the University of Oklahoma. Barringer filed a motion to dismiss the FMLA claims and the motion was denied by the district court. Cornforth was terminated from her position as a medical staff secretary. The district court concluded that the FMLA claims Cornforth raised against the University were barred by the Eleventh Amendment and granted the University's motion to dismiss those claims.
271 OPINION/ORDER
Is cloaked with Ohio's sovereign immunity against a 42 U.S.C. § 1983 action brought by a former Hillcrest resident. The district court held that Hillcrest was not entitled to sovereign immunity. Was referred to Hillcrest by order of the Hamilton County Juvenile Court. His complaint alleges that he was sexually assaulted several times by a fellow resident. Was adjudicated a delinquent. Arguing that Hillcrest is an arm of the State of Ohio because it was created by state law and is overseen by the juvenile court. In effect asking the district court to revisit its ruling on sovereign immunity. 1 The motion argued that dismissal was necessary in light of this court's unpublished decision in Oswald v. Code § 2152.41) was
271 OPINION/ORDER
The central question on this appeal is whether a state government lawyer may refuse. I Roger Bickel was employed by the state of Illinois as Chief Legal Counsel to the Secretary of State's office This opinion is being initially typescript. The printed version will follow. * released in 2 No. 01 3386 during the first four years of former Secretary (now Governor) George Ryan's administration. Federal prosecutors have been investigating a
271 OPINION/ORDER
Circuit Judge: In this opinion we are required to examine concepts that have evolved in our jurisprudence since the 1798 ratification of the Eleventh Amendment to the United States Constitution. Contributing to those concepts were. Examining the broad canvas of this jurisprudence is like looking at an abstract painting whose meaning and significance is not seen by every viewer in the same light. Are obliged to and do adopt the meaning set out in Supreme Court opinions. It is subject to the Resource Conservation and Recovery Act. These reimbursements are derived. Appellants Nickel and McCloud have substantial responsibilities within the Office. Nickel is the Office's executive director and has responsibility for the overall management of the Fund's operations. McCloud is the Secretary of the Public Protection and Regulation Cabinet for the Commonwealth of Kentucky and oversees agencies within the Cabinet. Which then determines whether the application will be approved on the basis of numerous regulatory qualifications. among others.
271 OPINION/ORDER
Which obligates a governmental entity obtaining electronic records under Section 2703 to
271 OPINION/ORDER
Endres and Holmes have sued under Title VII of the Civil Rights Act of 1964. Unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
271 OPINION/ORDER
2003 This appeal originally was consolidated with No. 02 1247. The two appeals were decided in a single opinion. Which is reported at 334 F.3d 618 (7th Cir. 2003). So the petition is granted and the judgment entered on June 27. Is vacated. The appeal will be heard en banc on January 8. Unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
271 OPINION/ORDER
Asserting that they are entitled to the benefit of the state's Eleventh Amendment immunity.
271 OPINION/ORDER
Were on brief for appellant.


271 OPINION/ORDER
Billy Jo Lara was indicted by the federal government for assault on a federal officer in violation of 18 U.S.C. § 111(a)(1). Lara was arrested for public intoxication by Bureau of Indian Affairs police officers. Who is not a member of the Spirit Lake Nation. Lara was charged with five violations of Spirit Lake Tribal Code: violence to a policeman. Lara pled guilty to the first three charged offenses and was sentenced to a jail term of 155 days. The right to be free from multiple prosecutions is limited by the dual sovereignty doctrine. Thus a second prosecution is not for
271 OPINION/ORDER
Circuit Judge: Mark Allen is a former employee of the Gold Country Casino. Which is owned and operated by the Tyme Maidu Tribe of the Berry Creek Rancheria in California. I. Facts Allen was employed by Gold Country Casino as a surveillance supervisor. Gold Country Casino is a tribal entity formed by a compact between the federally recognized Tyme Maidu Tribe and the State of California. The Casino is wholly owned and operated by the Tribe. Allen contends he was discharged in retaliation for reporting rats in the Casino's restaurant and for applying to
271 OPINION/ORDER
Is whether the Eleventh Amendment bars suit in federal court against a state official where what is at issue is that * The Honorable Arthur L. Will affirm in part and reverse in part the orders of the District Court. Any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this chapter (1) against the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution which is alleged to be in violation of the provisions of this chapter or of any rule. Or against any other person who is alleged to be in violation of any rule. Or (2) against the Secretary or the appropriate State regulatory authority to the extent permitted by the eleventh amendment to 3 was also invoked under 28 U.S.C. Defendants in this action for declaratory and injunctive relief are James M. ARIPPA were permitted to intervene as defendants. Seif is the sole named defendant in Counts One through Eight of the eleven count complaint.
271 DOWNING V. BD. OF TRUSTEES OF THE UNIV. OF ALABAMA (2/13/2003, NO. 00-10481)

We have jurisdiction under 28 U.S.C. § 1291.
271 OPINION/ORDER
Argue that Oklahoma's statutory scheme for specialty motor vehicle license plates is unconstitutional under the First and Fourteenth Amendments. The Motorists contend that Oklahoma's laws unlawfully discriminate against their views by permitting drivers to obtain license plates bearing the messages
271 OPINION/ORDER
Tribal registrations and titles are required for all vehicles owned by Tribe members who reside on the reservation and for all tribal government vehicles. The tribal certificates of title are of banknote quality and resemble titles of other jurisdictions. Ann. 8 142.(2) Nonresidents (1) Section 17 10 1 of the PBMVC notes that
271 OPINION/ORDER
Clause 4 of the United States Constitution is mandatory. The difficulty presented by redistricting that was to take effect for the regularly scheduled election in 2002. The 107th Congress was scheduled to adjourn on October 3. Tim Ryan was elected to the House by the
271 DOWNING V. BD. OF TRUSTEES OF THE UNIV. OF ALABAMA (2/13/2003, NO. 00-10481)

We have jurisdiction under 28 U.S.C. § 1291.
271 OPINION/ORDER
Montgomery took extended leave under the Family Medical Leave Act (FMLA) to have a scheduled surgical procedure. Montgomery was reassigned to a position as a secretary in the maintenance department. It is undisputed that this new assignment kept her at the same pay grade and increment level within the Maryland State Personnel Management System. It is also undisputed that Montgomery suffered no loss of benefits. Kupec and Kaloroumakis were sued in both their individual and official capacities. The state argued both that sovereign immunity barred Montgomery's suit and that Montgomery had failed to state a claim because she was returned to an equivalent position. The Supreme Court discussed whether the Eleventh Amendment defense is one that courts must always address. The court would have been well advised. This is true regardless of how the court ultimately rules. This goal is undermined when a federal court imposes on a state a legal argument that the state first advanced but then affirmatively withdrew.1 1 B.
271 OPINION/ORDER
The case is therefore ordered submitted without oral argument.
EBEL. The district court sua sponte ordered that
271 MICHAEL PRICE V. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA

271 OPINION/ORDER
Line 4 the name
271 OPINION/ORDER
JAMES Unpublished opinions are not binding precedent in this circuit. Code Ann. § 2.1 116.07(C) (Michie 1995) (authorizing the Director to
271 OPINION/ORDER
He was in his 26th year of teaching carpentry at Cumberland High School. Dixon is considerably accomplished in the field. He was allowed to pursue his alternative career as a professional photographer with the official permission of the school. The photo shoot at issue in the present case was completely innocent. S.C. was one of the students who took Dixon up on his offer. S.C. was wearing no clothing from the waist up. Although her nipples were covered either by her hair or a
271 OPINION/ORDER
He brings to us claims that he was discriminated against on the basis of his age in violation of the Equal Protection Clause and that his due process rights were violated when his colleagues on the Oklahoma Supreme Court changed the rule of rotation for elevation of a Chief Justice from one which precluded re election to that position for more than one consecutive term to one which lifted that prohibition and re elected Joseph P. Concluded that federal jurisdiction was properly invoked. We REVERSE the judgment of the district court and REMAND with instructions to DISMISS the complaint with prejudice.
I Implementation of the Oklahoma constitutional provision for choosing a Chief Justice and a Vice Chief Justice is set forth in Rule 4 of the Internal Operating Procedures of the Oklahoma Supreme Court Conference. A Justice is eligible to become Chief Justice when each sitting Justice at the time of the Justice's appointment has completed a term as Chief Justice or waived his or her right to do so. Justice Opala was aware of the meeting.
271 OPINION/ORDER
He was in his 26th year of teaching carpentry at Cumberland High School. Dixon is considerably accomplished in the field. He was allowed to pursue his alternative career as a professional photographer with the official permission of the school. The photo shoot at issue in the present case was completely innocent. S.C. was one of the students who took Dixon up on his offer. S.C. was wearing no clothing from the waist up. Although her nipples were covered either by her hair or a
271 OPINION/ORDER
We conclude the court erred in refusing to authorize an amendment of the complaint and in determining that the DENR Defendants are entitled to immunity. These efforts have followed a tortured path. The small town of Holly Springs is home to the largest percentage of African Americans of any municipality in Wake County.2 Despite having less than two percent of the County's population. Holly Springs itself is presently home to three other landfills. The Plaintiffs have not contested the dismissal of their Title VIII claim as to Wake County. When their claims were dismissed. We are obliged to accept as true the facts alleged in the complaint.3 Those facts are further reviewed in relevant part below. The South Wake Landfill will spread across 471 acres. This letter notified the County that the site was considered appropriate. There was no public participation in the process until May 16. The Plaintiffs' challenges to the construction of the South Wake Landfill have travelled a complicated path. They are ongoing both in this Court and in the Court of Appeals of North Carolina.