92 F.4th 999
11th Cir.2024Background
- Jennifer Dupree and Detrich Battle, both former employees of Georgia state agencies, sued alleging discrimination and retaliation under the ADA against their former state employers.
- Dupree claimed failure to accommodate her mental health conditions and retaliation by the Georgia Department of Human Services; Battle claimed failure to accommodate his medical restrictions and retaliation by the Georgia Department of Corrections.
- Both plaintiffs' claims included violations under Title I (disability employment discrimination) and Title V (retaliation) of the ADA.
- The district courts dismissed both plaintiffs' federal ADA claims on sovereign immunity grounds, entering the dismissals with prejudice, and dismissed state claims for lack of jurisdiction.
- Plaintiffs appealed, challenging (1) the ADA Title V dismissal on sovereign immunity grounds and, alternatively, (2) whether the dismissals should have been without prejudice, as sovereign immunity is jurisdictional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does sovereign immunity bar ADA Title V claims brought with Title I claims? | Congress validly abrogated sovereign immunity for Title V claims | Congress lacked constitutional authority; Lane inapplicable; no pattern | Sovereign immunity applies; Title V claims are barred |
| Was it proper to dismiss ADA claims with prejudice on sovereign immunity grounds? | Dismissals should be without prejudice (jurisdictional grounds) | Dismissal order's silence not error; jurisdictional dismissals are w/o prejudice | Dismissals should be without prejudice; remand for clarity |
| Standard of review for jurisdictional dismissals | De novo (Battle); plain error if interests of justice (Dupree) | De novo for Battle (conceded); plain error at most for Dupree | Used de novo (Battle); both lose regardless |
Key Cases Cited
- Board of Trustees of University of Alabama v. Garrett, 531 U.S. 356 (2001) (held Congress did not validly abrogate state immunity under ADA Title I)
- City of Boerne v. Flores, 521 U.S. 507 (1997) (set out the "congruence and proportionality" test for abrogation of immunity)
- United States v. Georgia, 546 U.S. 151 (2006) (explained Congress’ Section 5 power to abrogate immunity for Fourteenth Amendment violations)
- Fitzpatrick v. Bitzer, 427 U.S. 445 (1976) (recognized Congress's power to abrogate state immunity via Section 5 of the Fourteenth Amendment)
- Edelman v. Jordan, 415 U.S. 651 (1974) (described Eleventh Amendment immunity as jurisdictional in nature)
- Arbaugh v. Y&H Corp., 546 U.S. 500 (2006) (clarified courts' obligation to address subject matter jurisdiction even if not raised by the parties)