Armacost v. Conservation Commission

MOORE, Chief Judge.

Plaintiff alleges personal injuries sustained by being thrown from a horse furnished by defendant Tosti-Noc, an alien, operator of a horseback-riding concession at Watoga State Park in West Virginia. The Conservation Commission of West Virginia moves to dismiss as to it on the ground that it is an arm of the State Government and as such constitutionally immune to suit, both by the provisions of the West Virginia Constitution and the Eleventh Amendment to the Constitution of the United States. Defendants Johnson and Park move for summary judgment and file affidavits which…