Bright v. University of Oklahoma Board of Regents
705 F. App'x 768
| 10th Cir. | 2017Background
- Bright, a graduate teaching assistant at University of Oklahoma, alleges denial of disability accommodations, a libelous memo by the French Department coordinator, restricted work duties, and eventual termination after contacting the EEOC.
- In Sept. 2016 Bright sued the University Board of Regents in state court under the ADA and state libel law; the Board removed to federal court and moved to dismiss.
- The district court dismissed Bright’s ADA claim on sovereign-immunity grounds and dismissed the libel claim for failure to exhaust the Oklahoma Governmental Tort Claims Act (GTCA) presentment requirement; the district court did not state whether dismissals were with or without prejudice.
- Bright (pro se) later filed the GTCA administrative claim after dismissal but did not dispute that she had not exhausted administrative remedies before filing suit.
- On appeal the Tenth Circuit reviewed sovereign-immunity de novo and exhaustion for abuse of discretion, concluded dismissals were appropriate but remanded to direct the district court to clarify that dismissals be without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ADA employment claim against Board is barred by sovereign immunity | Bright describes alleged coercion and wrongful termination; argues facts support ADA claim | Board contends it is an arm of the state and is immune from ADA employment suits | Dismissal affirmed: sovereign immunity bars ADA employment claim; must be dismissed without prejudice |
| Whether libel claim was barred for failure to exhaust GTCA presentment requirements | Bright notes she filed administrative claim after district court dismissal | Board argues Bright failed to present timely written notice under GTCA before filing suit | Dismissal affirmed for failure to exhaust; remanded for district court to clarify dismissal is without prejudice |
Key Cases Cited
- Mojsilovic v. Okla. ex rel. Bd. of Regents, 841 F.3d 1129 (10th Cir. 2016) (standard of review for sovereign-immunity dismissals)
- Hensel v. Office of Chief Admin. Hearing Officer, 38 F.3d 505 (10th Cir. 1994) (state arms include university boards)
- Bd. of Trustees of Univ. of Ala. v. Garrett, 531 U.S. 356 (U.S. 2001) (Congress did not validly abrogate state immunity for ADA employment claims)
- Elwell v. Okla. ex rel. Bd. of Regents, 693 F.3d 1303 (10th Cir. 2012) (applying Garrett to ADA employment claims against state entities)
- Rural Water Sewer & Solid Waste Mgmt. v. Guthrie, 654 F.3d 1058 (10th Cir. 2011) (dismissals on sovereign-immunity grounds must be without prejudice)
- Quarles v. U.S. ex rel. Bureau of Indian Affairs, 372 F.3d 1169 (10th Cir. 2004) (abuse-of-discretion standard for dismissals based on exhaustion)
- Gallagher v. Shelton, 587 F.3d 1063 (10th Cir. 2009) (remand to clarify dismissals for failure to exhaust are without prejudice)