Cooley v. Mississippi Department of Transportation

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the Motion of Defendant to Dismiss. In a March 2, 2000, Opinion and Order, the Court questioned whether it had jurisdiction to hear any of Plaintiffs claims under the Eleventh Amendment to the United States, Constitution, especially in light of the recent United States Supreme Court decision of Kimel v. Florida Board of Regents, — U.S. —, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000). The Court ordered the parties to brief the Eleventh Amendment immunity issue, and the parties have now done so. The Court has reviewed the…