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163783P.pdf   08/01/2017  United States ex rel Fields  v.  Bi-State Development Agency
   U.S. Court of Appeals Case No:  16-3783
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Kelly, Author, with Gruender and Murphy, Circuit Judges] Civil case - False Claims Act. For the court's prior opinion in the matter, see United States ex rel Fields v. Bi-State Dev. Agency of the Mo.-Ill Dist., 829 F.3d 598 (8th Cir. 2016. The district court did not err in finding defendant Bi-State is akin to a local government entity and not entitled to Eleventh Amendment immunity; the factors used in making the "arm-of-the-state" analysis point in both directions; in such a situation, the prime guide for making the determination must be the twin reasons underlying the Amendment - respect for the dignity of the states as sovereigns and prevention of federal court judgments that must be paid out of a State's treasury; applying these reasons it is clear that a suit against Bi-State does not present the same kind of sovereignty issues involved in a suit against a state and that any federal judgment would not be paid with state funds; as a result, the district court properly found Bi-State was not entitled to Eleventh Amendment immunity.