Steve Gorsline, Plaintiff-appellant, v. State of Kansas Department of Transportation, Defendant-appellee, 21 F.3d 1121 (10th Cir. 1994)

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument.

Appearing pro se, the Plaintiff in this case filed suit against the Kansas Department of Transportation ("the Defendant") in federal district court alleging a violation of his Fourteenth Amendment rights. Although the district court had difficulty ascertaining why Plaintiff sued the Defendant, on what theories he based his lawsuit, and what type of relief he was requesting, the court had no trouble concluding that the lawsuit was barred by the Eleventh Amendment, and thus dismissed the suit. On appeal, the Plaintiff urges that when the State of Kansas ratified the Fourteenth Amendment on January 11, 1867, it simultaneously waived its Eleventh Amendment immunity for all future suits brought under the Fourteenth Amendment. We affirm for substantially the same reasons given by the district court.

AFFIRMED.