Kicklighter v. McIntosh County Board of Commissioners
694 F. App'x 711
| 11th Cir. | 2017Background
- Dawn Kicklighter sued McIntosh County and Saundra Goodrich (Clerk of the Superior Court) after being terminated from her deputy clerk position and the district court granted summary judgment for the defendants; Kicklighter appealed.
- Kicklighter pursued employment-based claims against the County and §1983 claims and sought reinstatement; she also named Goodrich in her official and individual capacities.
- Goodrich is a constitutionally elected superior court clerk under Georgia law and had statutory authority to appoint and remove deputy clerks.
- Georgia law and the state constitution limit county control over elected county officers and require counties to fund clerk offices, while vesting qualifications, duties, and removal authority with state law.
- The district court held (1) the County was not Kicklighter’s employer, (2) Goodrich in her official capacity was entitled to Eleventh Amendment immunity, and (3) reinstatement was not an available remedy because Goodrich had left office and a successor could appoint deputies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McIntosh County was Kicklighter's employer for employment-based claims | County functioned as paymaster/administrative employer | Authority to hire/fire and supervise rested with elected clerk, not County | County was not the employer; claims against County fail |
| Whether County is liable under §1983 for Kicklighter's alleged injuries | County liable because it paid/administratively supported clerk's office | No employer relationship and no County policy/custom caused injury | No municipal liability absent employer status or identified County policy |
| Whether Goodrich, in her official capacity, is an "arm of the state" entitled to Eleventh Amendment immunity | Goodrich derived authority from state law but immunity contested | Goodrich acted under state-granted authority and control, funded per state scheme; entitled to immunity | Goodrich is an arm of the state and entitled to Eleventh Amendment immunity |
| Whether reinstatement (prospective relief) remained available after Goodrich retired | Reinstatement requested as prospective relief against official-capacity defendant | Successor clerk replaced Goodrich and could appoint/remove deputies; reinstatement therefore moot | Reinstatement unavailable because successor could immediately replace Kicklighter; remedy not viable |
Key Cases Cited
- Peppers v. Cobb County, Ga., 835 F.3d 1289 (11th Cir.) (county not employer where authority to hire/fire resided with elected official)
- Clackamas Gastroenterology Assocs., P.C. v. Wells, 538 U.S. 440 (2003) (definition of employer mirrors common-law master-servant agency)
- Manders v. Lee, 338 F.3d 1304 (11th Cir.) (four-factor test for determining whether a defendant is an "arm of the state")
- Pellitteri v. Prine, 776 F.3d 777 (11th Cir.) (application of Manders test; factors supporting immunity)
- Grech v. Clayton Cty., 335 F.3d 1326 (11th Cir.) (municipal liability requires a policy or custom causing injury)
- Ross v. Jefferson Cty. Dep’t of Health, 701 F.3d 655 (11th Cir.) (funding by county not dispositive in arm-of-state analysis)
- Lucas v. O’Loughlin, 831 F.2d 232 (11th Cir.) (denying reinstatement when official has been replaced and successor can reappoint deputies)
- Cross v. Ala. Dep’t of Mental Health & Mental Retardation, 49 F.3d 1490 (11th Cir.) (Eleventh Amendment bars monetary relief but not prospective injunctive relief)