United States Eighth Circuit

Grant of judgment on the pleadings for defendant-state in an action by a county to recover expenses incurred for jailing a fugitive pending extradition is affirmed where the Eleventh Amendment barred the suit since the state never expressly consented to being sued in federal court and constructive waiver of sovereign immunity is not permitted.

Appellate Information

• Decided 05/16/2006
• Published 05/16/2006

Judges

• SMITH, Circuit Judge., Before LOKEN, Chief Judge, BOWMAN and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charissa L. Mays, argued, St. Charles, MO, for appellant.


• For Appellees:
  
• Charles D. Hoornstra, AAG, argued, Madison, WI, for appellee.