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TOELLER v. WISCONSIN DEPT. OF CORRECTIONS

No. 05-4064.

461 F.3d 871 (2006)

George S. TOELLER, Plaintiff-Appellee, v. WISCONSIN DEPARTMENT OF CORRECTIONS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 2006.

Attorney(s) appearing for the Case

Robert M. Mihelich (argued), New Berlin, WI, for Plaintiff-Appellee.

Richard Briles Moriarty (argued), Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Defendant-Appellant.

Before POSNER, WOOD, and EVANS, Circuit Judges.

WOOD, Circuit Judge.

This case reaches us on an interlocutory appeal by the Wisconsin Department of Corrections (WDOC), challenging the district court's decision to deny its motion to dismiss based on the State's Eleventh Amendment immunity from suit. Although WDOC acknowledges that the Supreme Court decided in Nevada Dep't of Human Res. v. Hibbs, 538 U.S. 721, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003), that the family-care provision...

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