947 F. Supp. 2d 1308
N.D. Ala.2013Background
- Weaver sued the Madison City Board of Education and Dr. Dee Fowler under USERRA, alleging employment discrimination.
- Board moved to dismiss on immunity grounds, arguing it is an arm of the State immune from suit.
- Court must determine whether the Board is an arm of the State or a political subdivision under Eleventh Amendment analysis.
- USERRA permits private suits against private employers in federal court, but state entities may be relegated to state courts if deemed arms of the State.
- Court held that Stewart v. Baldwin County Bd. of Educ. governs and local school boards are not arms of the State for Eleventh Amendment purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board is an Arm of the State under Eleventh Amendment | Board is not an arm of the State; or, at least, USERRA allows suit against political subdivisions. | Board is an arm of the State; Hale County supports immunity and §4323(i) includes political subdivisions only. | No; local city boards are not arms of the State; Stewart controls. |
Key Cases Cited
- Stewart v. Baldwin County Bd. of Educ., 908 F.2d 1499 (11th Cir. 1990) (local boards deemed not immune arms of the state for employment decisions)
- Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1987) (four-factor test for arm-of-the-State status (general rule: local boards often not arms))
- Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003) (four-factor Manders test; employs functional approach to immunity)
- Ross v. Jefferson County Dep’t of Health, 701 F.3d 655 (11th Cir. 2012) (arm-of-the-State analysis applied to health department; treated as state entity for immunity factors)
- Versiglio v. Bd. of Dental Examiners of Alabama, 686 F.3d 1290 (11th Cir. 2012) (state-court treatment weighed but not dispositive in arm analysis)
- Ex parte Hale County Bd. of Educ., 14 So.3d 844 (Ala. 2009) (Alabama Supreme Court extended arm-of-the-State immunity to county boards under Ala. Const. art. 14)
- Ex parte Madison County Bd. of Educ., 1 So.3d 980 (Ala. 2008) (Alabama Supreme Court held local boards not immune in employment decisions)
- Smith v. Dallas County Bd. of Educ., 480 F.Supp. 1324 (S.D. Ala. 1979) (federally-created action not barred when funds are local; local control analysis)