unempl.ins.rep. Cch 21,803 Richard L. Fincher v. State of Florida Dept. Of Labor and Employment Security--Unemployment Appeals Commission

Appellant Richard Fincher brought this 42 U.S.C. § 1985 civil rights action against the State of Florida, Department of Labor and Employment Security, Unemployment Appeals Commission (Commission) alleging that the Commission violated the due process and equal protection clauses of the fourteenth amendment when it denied him unemployment compensation benefits. The district court dismissed the suit, holding that the Eleventh Amendment barred the 42 U.S.C. § 1985 claim. We affirm.

Whether an entity is an arm of the state protected by the Eleventh Amendment “turns on its function and character as…