Kevin Wayne Sullivan v. The Georgia Department of Natural Resources and the Research Vessel "Anna"

KRAVITCH, Circuit Judge:

In this appeal, Kevin Wayne Sullivan challenges the dismissal of his complaint in an action under the Jones Act, 46 U.S.C. § 688, and the general maritime law, arising from an incident aboard a boat owned and operated by the State of Georgia. The sole question presented is whether the Eleventh Amendment precludes Sullivan from pursuing such a suit against a state department and one of its vessels in federal court. Specifically, the issue is whether the State of Georgia constructively waived immunity under the Eleventh Amendment by operating a research vessel in the…