John Doe and Jane Doe v. Carla Heck

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
May 15, 2003
Before
Hon. Joel M. Flaum, Chief Judge
Hon. Harlington Wood, Jr., Circuit Judge
Hon. Daniel A. Manion, Circuit Judge
No. 01-3648
John Doe and Jane Doe, et al.,
Plaintiffs-Appellants,
v.
Carla Heck, et al,
Defendants-Appellees.
Appeal from the United States District
Court for the Eastern District
of Wisconsin
No. 99 C 907
J. P. Stadtmueller, Judge.
O R D E R
The opinion of this court issued on April 16, 2003 is amended as follows:
Replace the text of fn. 13 with the following:
To the extent the plaintiffs’ suit against the defendants in their official capacities with the
Bureau seeks retrospective monetary damages, this action constitutes a suit against the
state that is prohibited by the Eleventh Amendment. Wynn v. Southward, 251 F.3d 588,
592 (7th Cir. 2001). This aspect of the plaintiffs’ suit is, therefore, dismissed. See Higgins
v. Mississippi, 217 F.3d 951, 954 (7th Cir. 2000) (though this court need not raise
Eleventh Amendment immunity sua sponte, since it does not implicate subject matter
jurisdiction, it may do so).
On April 30, 2003 the appellees filed a petition for rehearing. All of the judges on the
original panel voted to deny the petition. The petition is therefore DENIED.

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