Arbogast v. Kansas Department of Labor

McHUGH, Circuit Judge.

Defendant-appellant Kansas Department of Labor (KDOL) brings this interlocutory appeal, arguing the district court should have dismissed plaintiff-appellee Kathleen Arbogast’s suit because (1) KDOL lacks the capacity to sue and to be sued under Kansas law and (2) even if KDOL is a proper defendant, it is immune from suit by operation of the Eleventh Amendment to the U.S. Constitution. We hold that we lack appellate jurisdiction to consider KDOL’s capacity argument, but we exercise our jurisdiction under the collateral order doctrine and affirm the district court’s…