Employment-11th Amendment Immunity

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7^th Circuit Court of Appeals

Case Name: Zenon McHugh v. Illinois Department of Transp.

Case No.: 21-3397

Officials: Hamilton, St. Eve, and Kirsch, Circuit Judges.

Focus: Employment-11^th Amendment Immunity

After the Illinois Department of Transportation (“IDOT”) terminated McHugh’s employment, he sued seven individuals under federal law and sued IDOT under an Illinois statute. IDOT defended on the ground that sovereign immunity under the Eleventh Amendment barred the suit. The district court held that McHugh’s claim against IDOT could proceed in state court but not federal court, and it entered judgment on the merits. Entering a final judgment on this count was an error. Because IDOT enjoys Eleventh Amendment sovereign immunity from suit in federal court under the Ethics Act and it invoked its immunity, the district court lacked jurisdiction over that claim. Therefore, the court modifies the district court’s entry of judgment on McHugh’s Ethics Act claim to a dismissal without prejudice for lack of jurisdiction.

Modified

Decided 12/14/22

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