Nobile v. Massachusetts

PROCEDURAL ORDER ON DEFENDANT NAPHCARE, INC.’S MOTION FOR SUMMARY JUDGMENT (# 77)

COLLINGS, United States Magistrate Judge.

In its Reply Memorandum, Etc., NaphCare argues that claims against it are barred by the Eleventh Amendment. The Eleventh Amendment bars suits from being brought in federal courts for monetary damages against states, unless the state waives its immunity or consents to being sued. Kentucky v. Graham, 473 U.S. 159, 169, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985); Culebras Enterprises Corp. v. Rivera Rios, 813 F.2d 506, 516 (1 Cir., 1987). The Supreme Court has extended this…