Leitner v. Westchester Community College
779 F.3d 130
| 2d Cir. | 2015Background
- Carol Leitner, a longtime adjunct speech professor at Westchester Community College (WCC), was dismissed after repeated student complaints about offensive in-class remarks and after WCC followed a three-step disciplinary process culminating in termination.
- Leitner sued WCC and administrators under 42 U.S.C. § 1983 and the New York Constitution, alleging First Amendment retaliation and vagueness/overbreadth of WCC speech rules; WCC moved to dismiss, asserting Eleventh Amendment sovereign immunity among other defenses.
- District court denied WCC’s sovereign-immunity defense; WCC took an interlocutory appeal challenging that denial.
- WCC is a SUNY community college: its budget is funded about one-third by New York State and otherwise locally sponsored and operated by Westchester County; its board has ten members (four gubernatorial appointees, five county appointees, one student).
- The Second Circuit applied both the two-factor Clissuras test (state responsibility for judgments; degree of state supervision) and the six-factor Mancuso test and focused on whether WCC is an “arm of the state.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WCC is entitled to Eleventh Amendment sovereign immunity | Leitner argued WCC is not an arm of the state; thus it is subject to suit in federal court | WCC argued it is part of SUNY/an arm of the state and immune from suit | Court held WCC is not an arm of the state and is not entitled to Eleventh Amendment immunity |
| Whether state treasury would satisfy judgments against WCC (Clissuras factor 1) | Leitner: state does not bear responsibility for WCC judgments; local sponsors would fund liabilities | WCC: state contributes one-third of budget, so state bears some responsibility | Held against WCC: state contribution alone insufficient; local sponsors/County bear ultimate financial responsibility |
| Whether state exercises sufficient control over WCC (Clissuras factor 2) | Leitner: board composition and local operational control show lack of state control | WCC: SUNY oversight, statutory approvals, and gubernatorial appointees indicate state control | Held against WCC: oversight and some appointments do not equate to effective state control |
Key Cases Cited
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (recognizing collateral-order jurisdiction for certain interlocutory appeals)
- Alden v. Maine, 527 U.S. 706 (discussing state sovereign immunity principles)
- Hans v. Louisiana, 134 U.S. 1 (foundational Eleventh Amendment doctrine)
- Hess v. PATH, 513 U.S. 30 (stating state-treasury vulnerability is the most salient Eleventh Amendment factor)
- Mancuso v. N.Y. State Thruway Auth., 86 F.3d 289 (Second Circuit six-factor test for arm-of-the-state analysis)
- Clissuras v. City Univ. of N.Y., 359 F.3d 79 (Second Circuit two-factor test focusing on state responsibility for judgments and state supervision)
- Dube v. State Univ. of N.Y., 900 F.2d 587 (holding SUNY proper is an arm of the state entitled to sovereign immunity)
- Woods v. Rondout Valley Cent. Sch. Dist. Bd. of Educ., 466 F.3d 232 (Second Circuit precedent applying Mancuso factors to school districts)