Legal Opinion
Keller v. Florida Department of Health
District Court, M.D. Florida
Decided February 1, 2010No. 6:05-cv-01463PublishedCited by 2 opinions
1Opinion of the Court
ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is the Report and Recommendation of the Magistrate Judge (Dkt. 87) recommending that Defendant’s Motion to Dismiss Amended Complaint (Dkt. 78) be granted. Plaintiff has filed objections (Dkt. 88). Upon consideration, the motion (Dkt. 78) is GRANTED.
Discussion
The Magistrate recommended that Plaintiffs FLSA retaliation action be dismissed on sovereign immunity grounds. See U.S. Const, amend. XI. Plaintiff raises two primary objections to the application of Eleventh Amendment immunity to her action. Both are without merit.
First, Plaintiff…
2Cases cited40 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
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3Cited by2 opinions
- McNair v. StateDistrict Court, N.D. Mississippi · 2014
- (PS) Garcia v. CA Dept. of Public HealthDistrict Court, E.D. California · 2021