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SALCIDO EX REL. GILLILAND v. WOODBURY COUNTY, IOWA

No. C 98-4113-MWB.

66 F.Supp.2d 1035 (1999)

Maximo SALCIDO, by his Next Friend, Ameila GILLILAND, Plaintiff, v. WOODBURY COUNTY, IOWA; Jessie K. Rasmussen, in her Official Capacity as Director of the Iowa Department of Human Services; and Thomas J. Vilsack, in his Official Capacity as Governor of the State of Iowa., Defendants.

United States District Court, N.D. Iowa, Western Division.

September 16, 1999.

Attorney(s) appearing for the Case

Frank Cal Tenuta, Legal Services Corporation of Iowa, Sioux City, Iowa, for Maximo Salcido, plaintiff.

Mary W. Vavroch, Assistant Attorney General, Diane M. Stahle, Special Assistant Attorney General, Des Moines, Iowa, for the state defendants, Governor Vilsack and Jessie K. Rasmussen.

MEMORANDUM OPINION AND ORDER REGARDING THE STATE DEFENDANTS' MOTION TO DISMISS

BENNETT, District Judge.

                             TABLE OF CONTENTS

I. INTRODUCTION ....................................................... 1038

II. LEGAL ANALYSIS .................................................... 1039
    A. Eleventh Amendment Immunity .................................... 1040
       1. General principles...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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