Hospitality House, Inc v. Gilbert

KING, Chief Judge:

The Defendants-Appellants, officials of the Texas Health and Human Services Commission and the Texas Department of Human Services, appeal the district court’s denial of their motion to dismiss in which they asserted Eleventh Amendment immunity from the district court’s exercise of jurisdiction over an action brought by operators of nursing homes in Texas to enforce a settlement agreement. Because the district court does not have subject matter jurisdiction over the enforcement action, we do not reach the issue of Eleventh Amendment immunity. Instead, we vacate the district…