Legal Opinion
George S. Toeller v. Wisconsin Department of Corrections
Court of Appeals for the Seventh Circuit
Decided August 25, 2006No. 05-4064PublishedCited by 40 opinions
1Opinion of the Court
WOOD, Circuit Judge.
This case reaches us on an interlocutory appeal by the Wisconsin Department of Corrections (WDOC), challenging the district court’s decision to deny its motion to dismiss based on the State’s Eleventh Amendment immunity from suit. Although WDOC acknowledges that the Supreme Court decided in Nevada Dep’t of Human Res. v. Hibbs, 538 U.S. 721, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003), that the family-care provision of the federal Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2602 et seq., validly abrogated the State’s immunity, it argues that the self-care provisions of the…
2Cases cited24 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Behrens v. PelletierSupreme Court of the United States · 1996
19 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Coleman v. Maryland Court of AppealsCourt of Appeals for the Fourth Circuit · 2010
- Coleman v. Court of Appeals of MarylandSupreme Court of the United States · 2012
- Nelson v. University of Texas at DallasCourt of Appeals for the Fifth Circuit · 2008
- Roger Fairley and Richard Gackowski v. Evan Fermaint, Noberto Bercasio, and Fred CoffeyCourt of Appeals for the Seventh Circuit · 2007
- Morris v. KingstonCourt of Appeals for the Seventh Circuit · 2010
35 more not listed; retrieve them via the Exa API.