Justice v. Ohio, Bureau of Workers' Compensation (In Re Justice)

DECISION ON MOTION TO DISMISS AND MOTION TO AMEND

JEFFERY P. HOPKINS, Bankruptcy Judge.

This matter is before the Court on the motion to dismiss the complaint filed by the Debtor seeking an injunction against the Bureau of Workers’ Compensation (“Bureau”). In the motion, the Bureau asserts, under the holding in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), that this Court lacks jurisdiction over it as an agency of the State of Ohio which is protected by Eleventh Amendment sovereign immunity. The Debtor then sought to amend her complaint to join James…