District Court, N.D. Iowa December 18, 2000, C00-4051-MWB (Sophapmysay v. City of Sergeant Bluff)

Also known as

United States · · · 18-12-2000

MEMORANDUM OPINION AND ORDER REGARDING STATE DEFENDANTS’ MOTION TO DISMISS

BENNETT, Chief Judge.

TABLE OF CONTENTS

I. INTRODUCTION AND

BACKGROUND. CO 00 r — 1 rH

A. Procedural

Background. CO 00 rH rH

B. Factual

Background. ^ 00 rH rH

II.LEGAL

ANALYSIS.1185

A. Standards For Rule 12(b)(6) Motions To

Dismiss.1185

B. Analysis Of

Claims.1187

1. Eleventh

Amendment.1187

a. The constitutional

bar.1187

b.

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