Pettigrew v. Oklahoma Ex Rel. Oklahoma Department of Public Safety, 722 F.3d 1209

Pettigrew sought promotion in 2009; DPS denied and promoted another officer believed connected to the DPS commissioner
Pettigrew alleged race-based discrimination and retaliation in 2009 grievances against DPS
Pettigrew was placed on administrative leave in Oct 2009 over unrelated claims
December 2010 settlement agreement included a Venue Provision allowing enforcement actions in Oklahoma courts
January 31, 2012 Pettigrew filed a second federal suit alleging Title VII retaliation and breaches of the Agreement
Court held the Venue Provision waived Oklahoma’s Eleventh Amendment immunity for enforcing the Agreement in federal court

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Venue Provision waives Eleventh Amendment immunity	Pettigrew argues language expressly allowing federal-court enforcement shows waiver	DPS argues immunity remains; venue clause does not show waiver	Venue Provision expresses waiver; Eleventh Amendment immunity waived

Port Authority Trans-Hudson Corp. v. Feeney, 495 U.S. 299 (1990) (consent-to-suit language and venue provision can show waiver to federal court)
Lapides v. Bd. of Regents, 535 U.S. 613 (2002) (state voluntarily invokes federal jurisdiction to waive immunity)
Coll. Sav. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666 (1999) (strict test for waiver of sovereign immunity)
Raygor v. Regents of Univ. of Minn., 534 U.S. 533 (2002) (1367(a) does not override Eleventh Amendment bar)
Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (1984) (limits of congressional abrogation of immunity)
Feeney (Port Authority context), 495 U.S. 299 (1990) (venue clause can clarify scope of consent to suit)