Antonio Passaro, Jr. v. Commonwealth of Virginia
935 F.3d 243
4th Cir.2019Background
- Antonio Passaro Jr., a Virginia State Police Special Agent, was diagnosed with PTSD in 2012 after working in High Tech Crimes; he claimed the department failed to accommodate him and discriminated/retaliated on account of disability and Italian-American national origin.
- Passaro filed an EEOC complaint in February 2013; he was terminated in March 2013 and pursued the state administrative grievance process, which largely upheld his termination; he exhausted administrative and state-court appeals through May 2018.
- While state appeals were pending, Passaro filed suit in Virginia state court asserting discrimination, retaliation, and failure to accommodate under the ADA and Title VII; the Commonwealth removed to federal court.
- The district court dismissed the ADA (Title I) claim as barred by state sovereign immunity and later granted summary judgment to the Commonwealth on Title VII claims, holding the state-court grievance judgment had claim-preclusive effect.
- The Fourth Circuit affirmed dismissal of the ADA claim (holding the Commonwealth did not waive sovereign immunity) but reversed the summary judgment on Title VII claim-preclusion grounds and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Virginia waived sovereign immunity for Title I ADA claims by removing to federal court or by statements/policies | Removal plus Commonwealth statements about compliance with federal EEO laws and employee notices amount to waiver | Sovereign immunity not waived; removal does not waive immunity absent waiver in state court; statements do not constitute "clear and unequivocal" waiver | No waiver; ADA claim dismissed for lack of waiver of sovereign immunity (affirmed) |
| Whether state-court grievance judgment bars Title VII claims by claim preclusion (res judicata) | Grievance process and state-court affirmance do not preclude federal Title VII suit because Passaro could not obtain compensatory damages there | Commonwealth contends grievance and appeals foreclosed relitigation; Rule 1:6 broadly precludes subsequent claims arising from same transaction | Claim preclusion does not bar Title VII suit in full because grievance process could not provide compensatory damages unavailable there; summary judgment reversed and remanded |
| Whether Commonwealth is subject to EEOC enforcement despite sovereign immunity | N/A (background to waiver argument) | Commonwealth argued immunity from private suits only; acknowledged subject to EEOC investigations | Court noted sovereign immunity does not bar federal enforcement (EEOC) actions; Commonwealth remains covered by Title I for enforcement purposes |
| Whether issue preclusion might bar discrete issues actually decided in grievance proceedings | N/A | Commonwealth raised potential preclusion of issues actually litigated and decided | Court left open issue preclusion; did not decide scope — only held claim preclusion cannot bar claims for remedies unavailable previously |
Key Cases Cited
- Board of Trustees v. Garrett, 531 U.S. 356 (2001) (Congress exceeded its authority in abrogating state sovereign immunity for Title I ADA private suits)
- Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) (state sovereign immunity bars private suits against states absent valid abrogation or waiver)
- Stewart v. North Carolina, 393 F.3d 484 (4th Cir. 2005) (removal does not waive a state's sovereign immunity absent waiver in state court)
- Coll. Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666 (1999) (waiver of sovereign immunity must be a clear statement)
- Kremer v. Chem. Constr. Corp., 456 U.S. 461 (1982) (state law governs preclusive effect of state-court judgments on federal civil-rights claims)
- Funny Guy, LLC v. Lecego, LLC, 293 Va. 135 (2017) (Virginia recognizes ordinary caveats to res judicata despite transactional approach in Rule 1:6)
- Ligon v. County of Goochland, 279 Va. 312 (2010) (Virginia requires explicit and express waiver of sovereign immunity)
- Depaoli v. Vacation Sales Assocs., L.L.C., 489 F.3d 615 (4th Cir. 2007) (compensatory damages under federal anti-discrimination statutes cover emotional distress and other distinct harms)
- Davidson v. Capuano, 792 F.2d 275 (2d Cir. 1986) (prior proceeding lacking power to award damages does not bar later civil-rights damages action)