National Labor Relations Board v. Spring Road Corp.

BARNES, Senior Circuit Judge:

The district court dismissed the State of California as a defendant, in this action, for, inter alia, damages arising from the negligent operation of the Upper Newport Bay Bridge in Orange County, California. The issue before this Court is whether the district court properly concluded that neither the construction and operation of a bridge over navigable waters of the United States, nor enactment of the California Tort Claims Act, waived the state’s sovereign immunity under the Eleventh Amendment to the Constitution. We hold the district court was correct because…