Legal Opinion

Pense v. Md. Dep't of Pub. Safety & Corr. Servs.

Court of Appeals for the Fourth Circuit

Decided June 11, 2019No. 18-1554PublishedCited by 71 opinions

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

1Opinion of the Court

KING, Circuit Judge:

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 renders it immune from suit in federal court with respect to two state claims, each pursued under Maryland's Fair Employment Practices Act (the "FEPA"). Consistent with previous District of Maryland rulings, however, the district court rejected the…

2Cases cited10 opinions

  1. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
  4. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
  5. Regents of University of California v. DoeSupreme Court of the United States · 1997

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3Cited by71 opinions

  1. Adeyemi v. State of MDDistrict Court, D. Maryland · 2021
  2. Anderson v. Department of Public Safety & CorrectionsDistrict Court, D. Maryland · 2024
  3. Anglemyer v. WCS Construction, LLCDistrict Court, D. Maryland · 2019
  4. Anthony Gunter v. Alutiiq Advanced Security Solutions, LLCDistrict Court, D. Maryland · 2026
  5. Bailey-Bey v. MosbyDistrict Court, D. Maryland · 2023

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