Regents of Univ. of Cal. v. Doe, 519 U.S. 425, 2 (1997)

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426

REGENTS OF UNIV. OF CAL. v. DOE

Opinion of the Court

Stevens, J., delivered the opinion for a unanimous Court.

Charles A. Miller argued the cause for petitioners. With him on the briefs were Robert A. Long, Jr., John F. Duffy, James E. Holst, and Patrick J. O'Hern.

Lisa Schiavo Blatt argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Hunger, Deputy Solicitor General Bender, and Mark B. Stern.

Richard Gayer, by appointment of the Court, 519 U. S. 804, argued the cause for respondent. With him on the brief was Madeleine Tress.*

Justice Stevens delivered the opinion of the Court. The narrow question presented by this case is whether the fact that the Federal Government has agreed to indemnify a state instrumentality against the costs of litigation, including adverse judgments, divests the state agency of Eleventh Amendment immunity. We hold that it does not.

I

Respondent, a citizen of New York, brought suit against the Regents of the University of California and several individual defendants in the United States District Court for the Northern District of California. Although he alleged other claims, we are concerned only with respondent's breach-of-contract claim against the University. Doe contends that the University agreed to employ him as a mathematical physicist at the Lawrence Livermore National Laboratory, which the University operates pursuant to a contract with the Federal Government. According to his complaint, the

*Richard Ruda and James I. Crowley filed a brief for the National Conference of State Legislatures et al. as amici curiae urging reversal.

James K. T. Hunter, pro se, filed a brief as amicus curiae urging affirmance.

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