March 1, 2004

HIGHWAY AUTHORITY NOT ELIGIBLE FOR ELEVENTH AMENDMENT IMMUNITY AS AN ARM OF THE STATE

United States Court of Appeals for the First Circuit

The District Court of Puerto Rico denied the Puerto Rico Highway and Transportation Authority’s claim of Eleventh Amendment immunity as an arm of the state. The First Circuit affirmed the District Court’s decision, paving the way for contractor to file suit. The state itself had argued against immunity for the Authority in previous cases.

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