Legal Opinion
Pettigrew v. Oklahoma Ex Rel. Oklahoma Department of Public Safety
Court of Appeals for the Tenth Circuit
Decided July 15, 2013No. 12-6113PublishedCited by 55 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
This appeal presents only one issue for consideration: whether a settlement agreement between Thomas Trent Pettigrew and the Oklahoma Department of Public Safety (DPS) waived the state’s “Eleventh Amendment” right not to be sued in federal court. Although the language of the agreement is not explicit, the agreement’s reference to bringing suit in federal court has no reasonable construction except as a waiver. We therefore hold that there was a waiver and affirm the district court.
I. BACKGROUND
In 2009 Pettigrew applied to DPS for a promotion to one of two open positions…
2Cases cited15 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Alden v. MaineSupreme Court of the United States · 1999
- Fitzpatrick v. BitzerSupreme Court of the United States · 1976
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
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3Cited by55 opinions
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- Doe v. University of Colorado, Boulder ex rel. Board of RegentsDistrict Court, D. Colorado · 2017
- Klaassen v. University of Kansas School of MedicineDistrict Court, D. Kansas · 2015
- Jemaneh v. University of WyomingDistrict Court, D. Colorado · 2015
- Mahdi v. Salt Lake Police DepartmentCourt of Appeals for the Tenth Circuit · 2022
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