Garman Ex Rel. Garman v. Campbell County School District No. 1
2010 U.S. App. LEXIS 26116
| 10th Cir. | 2010Background
- Garman, as guardian of Apryl Garman, asserts state-law negligence claims against Campbell County School District No. 1 in federal diversity court.
- Wyoming Supreme Court abrogated sovereign immunity for counties and subdivisions, creating a state statutory waiver via the WGCA requiring compliance with signature and certification prerequisites.
- Beaulieu v. Florquist held that a WGCA claim requires pleading compliance with both statutory filing and constitutional signature/certification requirements to invoke jurisdiction.
- Garman filed a Notice of Governmental Claim on October 6, 2006; suit was filed October 4, 2007, and later amended to add Chris Milliron, retaining only state-law claims.
- District court dismissed for lack of subject-matter jurisdiction due to failure to plead constitutional compliance; dismissal was with prejudice because deadlines under WGCA had run.
- The panel determined Wyoming law controls, creating a direct conflict with Rule 8(a); the court held the WGCA’s pleading requirements are substantive and not preempted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 8(a) conflicts with Wyoming’s WGCA pleading. | Garman | Milliron | Wyoming law controls; Rule 8(a) cannot trump WGCA requirements. |
| Whether failure to plead constitutional compliance destroys subject-matter jurisdiction. | Garman | Milliron | District court properly lacked jurisdiction due to failure to plead constitutional compliance. |
| Whether dismissal with prejudice was proper or could be without prejudice. | Garman | Milliron | Dismissal with prejudice affirmed; time-bar under WGCA and statute of limitations defeated amendment relief. |
| Whether the court should have allowed leave to amend to cure deficiencies. | Garman | Milliron | District court did not abuse discretion; no proper motion for leave to amend was filed. |
Key Cases Cited
- Oroz v. Bd. of Cnty. Comm'rs of Cnty. of Carbon, 575 P.2d 1155 (Wyo. 1978) (abrogated sovereign immunity for subdivisions)
- Beaulieu v. Florquist, 86 P.3d 863 (Wyo.2004) (pleading constitutional compliance required to invoke jurisdiction)
- Gose v. City of Douglas, 193 P.3d 1159 (Wyo.2008) (failure to plead constitutional compliance dismisses without changing deadline context)
- Uptown Café, Inc. v. Town of Greybull, 231 P.3d 257 (Wyo. 2010) (Beaulieu-like requirement applied; jurisdictional impact of compliance pleadings)
- Shady Grove Orthopedic Assocs. v. Allstate Ins. Co., 559 U.S. 393 (U.S. 2010) (Rules Enabling Act analysis of when federal rules preempt state law)