Patricia G. Stroud v. Phillip McIntosh
722 F.3d 1294
11th Cir.2013Background
- Stroud sued the Alabama Board of Pardons and Paroles and its personnel director in Montgomery County circuit court in 2010.
- Initial claims included Title VII, AADEA against the Board, plus §1983 and state-law claims against McIntosh.
- The Board and McIntosh removed the case to federal court under 28 U.S.C. §1331; Stroud amended to add a federal ADEA claim against the Board.
- The district court dismissed all federal claims except the ADEA claim and held the Board was immune from liability under the ADEA; it remanded state-law claims against McIntosh.
- Stroud appealed, arguing removal waived the Board’s immunity from suit and from liability on the ADEA claim; the court held removal waived immunity from suit in federal court but did not waive liability immunity for ADEA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does removal waive sovereign immunity from suit in federal court? | Stroud relies on Lapides to argue removal waived suit immunity. | Board contends Lapides is distinguishable and does not waive immunity. | Yes; removal waived immunity from suit in federal court. |
| Does removal waive immunity from liability on an ADEA claim? | Stroud argues removal should waive liability immunity for ADEA. | Board argues immunity from liability remains post-removal. | No; Board retains immunity from ADEA liability. |
| What is the scope of Lapides in this case? | Lapides supports broad waiver of immunity by removal. | Lapides is distinguishable; limits waiver to forum-immunity only. | Lapides supports waiver of forum-immunity but not underlying liability immunity. |
Key Cases Cited
- Lapides v. Bd. of Regents of Univ. Sys. of Ga., 535 U.S. 613 (2002) (removal is a voluntary invocation of federal jurisdiction; waives immunity from suit in federal court but not immunity from liability for claims)
- Kimel v. Fla. Bd. of Regents, 528 U.S. 62 (2000) (ADEA not a valid exercise of §5 abrogation; states immune from ADEA liability)
- Alden v. Maine, 527 U.S. 706 (1999) (Eleventh Amendment sovereignty and state immunity principles)
- Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (1984) (Eleventh Amendment limitations and state immunity concepts)
- Coll. Sav. Bank v. Fla. Prepaid Postsec. Educ. Expense Bd., 527 U.S. 666 (1999) (state can waive immunity in some forums while retaining others)
- Lombardo v. Penn., Dep’t of Pub. Welfare, 540 F.3d 190 (3d Cir. 2008) (sovereign immunity is divisible; forum immunity can be waived while liability immunity remains)
- Meyers ex rel. Benzing v. Texas, 410 F.3d 236 (5th Cir. 2005) (states may waive forum immunity but retain liability immunity)