” Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974) (citation omitted); cf. College Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., — U.S. —, — - — & n. 2, 119 S.Ct. 2219, 2226-28 & n. 2, — L.Ed.2d — (1999) (overturning the constructive or implied waiver principle set out in Parden v. Terminal Ry. of Ala. Docks Dep’t, 377 U.S. 184, 84 S.Ct. 1207, 12 L.Ed.2d 233 (1964)). 1. We be Constitution. Accordingly, KSU has not waived its immunity by th 2d — (1999); see Gardner v. New Jersey, 329 U.S. 565, 574, 67 S.Ct. 467, 91 L.Ed. 504 (1947) (“When the State becomes the actor and files a claim against the [bankruptcy] fund, it waives any immunity which it otherwise might have had respecting the adjudication of the claim.”); Straight, 143 F.3d at 1389-90 (<HOLDING>); Dekalb County Div. of Family & Children
holding that state could not assert sovereign immunity defense where the state had waived immunity in state court and agreed to remove suit to federal court recognizing that immunity may be waived holding that a claim that sovereign immunity has been waived is itself waived if not argued on appeal holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court holding that state waived its immunity by filing proofs of claim