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TA v. NEIMES

Civil Action No. SA-95-CA-699.

927 F.Supp. 977 (1996)

Kien Chung TA and Stephen Fisher, Plaintiffs, v. Robert E. NEIMES, M.D., Hugh N. Keel, Sam Glanney, Garry Woo, Individually and in their Official Capacities, Texas Center for Infectious Disease, San Antonio State Chest Hospital, and Texas Department of Health, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

May 22, 1996.

Attorney(s) appearing for the Case

James C. Harrington, Texas Civil Rights Project, Austin, TX, for plaintiffs.

Nancy A. Trease, Assistant Attorney General, Austin, TX, for defendants.

ORDER CONCERNING REMAND TO STATE COURT

BIERY, District Judge.

Before the Court is plaintiffs' motion to sever and remand the state law claims because of the Eleventh Amendment. An opportunity is presented to analyze two seemingly divergent lines of cases: one line requiring remand of the entire cause of action when any of the claims are barred by the Eleventh Amendment and the other line requiring remand of the barred claims only. For the reasons stated...

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