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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Claim Against State Agency

    I filed a complaint in federal court against a Texas state agency, but they filed a motion to dismiss challenging federal court jurisdiction and claiming eleventh amendment immunity. Do I have any recourse to the motion?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Claim Against State Agency

    Quote Quoting sweetheme
    View Post
    I filed a complaint in federal court against a Texas state agency, but they filed a motion to dismiss challenging federal court jurisdiction and claiming eleventh amendment immunity. Do I have any recourse to the motion?

    Do you have an attorney??

    Your recourse is to file a response to the Motion as to why it should not be granted. If you don't, the court has no basis of law from you to rely on and will rule from it's own research.

    Was it part of a rule 12 motion??


    I am curious though how they argue an 11th AM claim??


    Can you post some case law they cite??

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