Irizarry-Mora v. University of Puerto Rico
647 F.3d 9
1st Cir.2011Background
- Irizarry-Mora, a Puerto Rico sociologist, applied for an Assistant Professor of Sociology position in 2005-06 and again in 2006-07 but was not selected.
- The hired candidate in the second round was younger, while Irizarry was 40 at filing in 2008.
- Plaintiff alleged age discrimination under the ADEA and retaliation for discrimination charges.
- The district court dismissed on Eleventh Amendment immunity, treating UPR as an arm of the state.
- The First Circuit affirmed, applying Fresenius and related precedents to maintain UPR's immunity under the Eleventh Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether UPR is an arm of the state under current law | Irizarry argues Fresenius changed the test and precludes immunity | UPR is an instrumentality with state immunity under established precedent | UPR remains an arm of the state; immunity affirmed. |
| How the structural factors show state control over UPR | Structural indicators negate independence from the Commonwealth | Structural signals show significant Commonwealth control | Structural indicators, coupled with other factors, support immunity. |
| Whether the Treasury impact test forecloses relief against UPR | Non-Commonwealth funds could satisfy judgments | Commonwealth funds at risk justify immunity | Treasury risk supports continuing Eleventh Amendment immunity. |
Key Cases Cited
- Hess v. Port Authority Trans-Hudson Corp., 513 U.S. 30 (1994) (reformulated test guiding arm-of-the-state analysis; state dignity and solvency concerns)
- Fresenius Med. Care Cardiovascular Res., Inc. v. P.R. & the Caribbean Cardiovascular Ctr. Corp., 322 F.3d 56 (2003) (adopted two-part inquiry (structure and treasury impact) for arm status)
- Metcalf & Eddy, Inc. v. Puerto Rico Aqueduct & Sewer Auth., 991 F.2d 935 (1993) (multi-factor test guiding arm-of-the-state inquiry)
- Redondo Constr. Corp. v. P.R. Highway & Transp. Auth., 357 F.3d 124 (2004) (cites two-stage framework focusing on treasury risk when structural indicators are ambiguous)
- Toledo v. Sánchez, 454 F.3d 24 (2006) (first Circuit case cited in Fresenius lineage on state status)
- Aponte-Torres v. Univ. of P.R., 445 F.3d 50 (2006) (recognizes Commonwealth share in UPR relationships; part of First Circuit lineage)
- Pastrana-Torres v. Corporación de P.R. para la Difusión Pública, 460 F.3d 124 (2006) (discusses governance and State control indicators in arm analysis)
- Pinto v. Universidad De P.R., 895 F.2d 18 (1990) (early arm status precedents recognizing state linkage)