Sullivan v. Texas A&M University System, No. 20-20248 (5th Cir. 2021)
Annotate this CaseThe Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against the University as barred by sovereign immunity. Plaintiff's action involved employment discrimination and retaliation claims, and he sought compensatory damages, punitive damages, and attorney's fees. The court held that Texas A&M is an agency of the State of Texas, so a suit against the former is a suit against the latter. Furthermore, neither of the two exceptions to sovereign immunity apply in these circumstances. In this case, Congress did not abrogate the State's sovereign immunity, and the State did not knowingly and plainly waive its sovereign immunity and consent to suit.
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