Embury

We determine here the breadth of a state’s waiver of Eleventh Amendment immunity when it removes a case from state to federal court.

Procedural History

Stephen Embury, a physician, sued the Regents of the University of California *563 (the “Regents” or the “State”) and several individuals in December 2000 in the Superior Court of the State of California, and simultaneously in the United States District Court for the Northern District of California, for wrongful discharge from employment, in violation of his due process rights under the federal and state constitutions, and in violation of state labor law. Embury never served the complaints on any of the defendants.

In March 2001, Embury filed an amended complaint in state court, demanding declaratory and injunctive relief for the Regents’ violation of his federal and state due process rights, in addition to damages for his state law claims of violation of public policy and breach of contract. This complaint was served on each of the defendants. One month later, in April, all of the defendants joined in removing the state superior court case to federal court. 1 Defendants moved to dismiss for failure to state a claim…