United States Fourth Circuit

A state does not waive its sovereign immunity by voluntarily removing an action to federal court when it would have been immune from the same action in state court.

Appellate Information

• Decided 01/03/2005
• Published 01/03/2005

Judges

• Before WILKINS, Chief Judge, and LUTTIG and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas Henry Moore, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Anthony M. Brannon, Brannon Strickland, P.L.L.C., Raleigh, North Carolina, for Appellee.   ON BRIEF:  Roy Cooper, Attorney General of North Carolina, Thomas J. Pitman, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Eugene G. Boyce, Boyce & Isley, Raleigh, North Carolina, for Appellee.