Lipofsky v. Steingut

Plaintiff Eugene Lipofsky appeals from a judgment of the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge, dismissing his complaint brought under, inter alia, 42 U.S.C. § 1983 (1994) for approximately $6 million in damages from defendant The State Insurance Fund (“SIF”) for nonpayment of a 1979 workers’ compensation award. The district court dismissed the complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that SIF is a New York State (“State”) agency entitled, under the Eleventh Amendment to the Constitution, to immunity from suit in federal…