SWEENEY
v.
CARTER, ATTORNEY GENERAL OF INDIANA

U.S. | 2003-03-24
No. 02-1033
538 U.S. 922 Supreme Court of the United States (2003) Caution
Cited by 1 case
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  • Stroud v. McINTOSH, 722 F.3d 1294 (11th Cir. 2013)
    …unlike Georgia in Lapides, the state had not waived its immunity in its own courts. See Bergemann, 665 F. 3d at 341; Stewart, 393 F. 3d at 488-89; Watters v. Washington Metro. Area Transit Auth., 295 F. 3d 36, 42 n. 13 (D.C.Cir.2002), cert. denied, 538 U.S. 922, 123 S.Ct. 1574, 155 L.Ed.2d 313 (2003). On the other hand, three circuits (the Seventh, Ninth, and Tenth) read Lapides’s broad reasoning to establish the general rule that a state’s removal to federal court constitutes a waiver of immunity, regar…

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