Summary
rejecting plaintiff's argument that under Schrom, an entity's purchase of liability insurance constituted waiver of Eleventh Amendment immunity because "Eleventh Amendment immunity cannot be equated with the limited defense of sovereign immunity . . . "
Summary of this case from Englehart v. Bd. of Regents for the Okla. Agric. & Mech. Colls.Opinion
No. 85-2537.
January 29, 1987.
Steven M. Angel of Hughes and Nelson, Oklahoma City, Okl., for appellant-plaintiff.
Thomas R. Williams, Guthrie, Okl. and Michael W. Elliott, Asst. Atty. Gen., State of Okl. (Michael C. Turpen, Atty. Gen., State of Okl., with them on the brief), for appellees-defendants.
Appeal from the United States District Court for the Western District of Oklahoma; Luther B. Eubanks, Judge.
We have reviewed the records and briefs and considered the arguments advanced by counsel.
We have also examined the Order and Judgment in accordance therewith by the District Court dated September 9, 1985, Dkt. No. 15 in Civil Action 85-1138-E for the Western District of Oklahoma. ( 646 F. Supp. 13). We have concluded the dismissal was warranted.
We affirm the Judgment of the District Court for the reasons contained in its written Order.