United States First Circuit

Where a State asserts only that the imposition of a certain type of money damages is precluded by the Eleventh Amendment, yet acknowledges that it is subject to the plaintiff's federal court suit with respect to other remedies arising from the same cause of action, that acknowledgement defeats any claim of entitlement to an interlocutory appeal. The State must await final judgment before testing the available remedies on appeal.

Appellate Information

• Decided 12/22/2003
• Published 12/22/2003

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Eduardo A. Vera Ramírez, with whom Eileen Landrón Guardiola and Landrón & Vera, L.L.P., were on brief, for appellant.


• For Appellees:
  
• Nydia María Díaz-Buxó for appellee.