Meyers v. State of Texas, No. 02-50452 (5th Cir. June 29, 2006)(invocation of state sovereign immunity in state court)(Texas may assert its state sovereign immunity as defined by its own law as a defense against the plaintiffs’ claims in the federal courts, but it may not use it to defeat federal jurisdiction or as a return ticket back to the state court system. See Lapides v. Bd. of Regents of Georgia , 535 U.S. 613, 122 S.Ct. 1640 (2002) (holding that when a State removes to federal court a private state court suit based on a federal-law claim, it invokes federal jurisdiction and thus waives its unqualified right to object peremptorily to the federal district court's jurisdiction on the ground of state sovereign immunity.) Scott v. Pfizer, Inc. (5th Cir. July 18, 2006) (Eleventh Amendment immunity not waived by receipt of Medicare / Medicaid funds for surgery; payment not contingent on waiver)
Miller v. Tex. Tech Univ. Health Sci. Ctr., 421 F.3d 342 (5th Cir. 2005) (en banc) Miller v. Texas Tech. University Health Science Center. (If the involved state agency or department accepts federal financial assistance, it waives its Eleventh Amendment immunity).
Pace v. Bogalusa City Sch. Bd., 403 F.3d 272 (5th Cir. 2005) (en banc) Pace v. Bogalusa City School Board. (Eleventh Amendment sovereign immunity to claims under §§ 504 of the Rehabilitation Act is waived by any state or state agency that accepts federal funds made available by Congress under the authority of the Spending Clause of the United States Constitution and clearly and expressly conditioned on waiver of immunity).
Pederson v. La. State Univ., 213 F.3d 858, 875-76 (5th Cir. 2000) (concluding that Section 2000d-7 validly conditions acceptance of federal funds on a waiver of sovereign immunity to claims under Title IX).
Selected Qualified Immunity Cases
DeLeon vs. City of Dallas No. 05-10721 (5th Cir. Oct. 18, 2006)(1983 suit, wrongful arrest, qualified immunity, interlocutory appeal)
Doe v. San Antonio Indep. Sch. Dist. (5th Cir. Aug. 17., 2006)(supervision of students in school) [student left school without permission, school administrator entitled to qualified immunity]
Mack v. City of Abilene, No. 05-10844 (5th Cir Aug. 16, 2006)(qualified immunity, unconstitutional search)