Fields v. Dep't of Pub. Safety

• Decision Date: 27 November 2012
• Docket Number: Civil Action No. 3:11–CV–00101.
• Citation: 911 F.Supp.2d 373
• Parties: Edwina F. FIELDS v. DEPARTMENT OF PUBLIC SAFETY and Elayn Hunt Correctional Center.
• Court: U.S. District Court — Middle District of Louisiana

911 F.Supp.2d 373

Edwina F. FIELDS

v.DEPARTMENT OF PUBLIC SAFETY and Elayn Hunt Correctional Center.

Civil Action No. 3:11–CV–00101.

United States District Court, M.D. Louisiana.

Nov. 27, 2012.

Yancy A. Carter, Law Office of Yancy A. Carter, Houston, TX, for Edwina F. Fields.

Amy L. McInnis, Edmond Wade Shows, Shows, Cali, Berthelot & Walsh, LLP, Baton Rouge, LA, for Department of Public Safety and Elayn Hunt Correctional Center.

RULING AND ORDER ON MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) AND 12(b)(6)

BRIAN A. JACKSON, Chief Judge.

This matter is before the Court on a motion by the Department of Public Safety (“Defendant” or “LDPSC”) to dismiss (doc. 13–1) pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6). Edwina Fields (“Plaintiff”) opposes the motion (doc. 15), and Defendant has replied to Plaintiff's opposition (doc. 18).

BACKGROUND

Plaintiff, a black female employee of Elayn Hunt Correctional Center (“Elayn Hunt”), began working for Defendant on January 11, 1999, as a Sergeant and later as a Master Sergeant (doc. 1, p. 2; doc. 15, p. 2). She asserts that throughout the many years of her employment she experienced discrimination based on her age, race, and disability in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination and Employment Act (“ADEA”), the Americans with Disabilities Act (“ADA”) (doc. 1, p. 1–3). Although not specifically pleaded in her complaint, Plaintiff also avers that she was discriminated and retaliated against because she exercised leave under the FMLA, 29 U.S.C. § 2601 et seq. (doc. 1, p. 3).

Plaintiff further alleges that on or around December 31, 2008, she requested leave under the FMLA after “exacerbating a pre-existing post-traumatic stress or mental disorder” (doc. 15, p. 2). Upon returning to work, Plaintiff alleges that she was assigned to D1 cell block, which was “unreasonably stressful,” and she was denied accommodation to be moved to a less stressful work environment in violation of the ADA (doc. 15, p. 2). Plaintiff further alleges she was forced to remain in D1 cell block because of her race (doc. 15, p. 3).

Plaintiff claims she was denied recognition and awards for responding to an inmate's attempted hanging in retaliation for exercising leave under the FMLA. (doc. 15, p. 3) Moreover, she alleges the Assistant Warden Frederick Boutte said “those who have received FMLA cannot receive a reward” (doc. 15, p. 3). Additionally, Plaintiff asserts she was denied a position that she applied for in the 24 hour unit ward on the basis of age discrimination (doc. 15, p. 3).

As a result of the alleged discrimination, Plaintiff filed a complaint with the United States Equal Employment Opportunity Commission (“EEOC”) (doc. 15, p. 3–4). The EEOC granted Plaintiff a right to sue letter, and she filed the present suit on February 23, 2011 (doc. 1). In lieu of an answer, Defendant filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6) for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted, respectively (doc. 13). In opposition, Plaintiff argues that the Court has subject matter jurisdiction under 28 U.S.C § 1331 (doc. 15, p. 4). Plaintiff also argues that the Elayn Hunt Correction Center is not entitled to Eleventh Amendment immunity because the prison receives federal funding (doc. 15, p. 4–5). Finally, Plaintiff argues that she has stated a valid cause of action for her disability, discrimination, and FMLA claims (doc. 15, p. 6).

LAW AND DISCUSSION

I. RULE 12(b)(1) SUBJECT MATTER JURISDICTION

Defendant asserts that this Court lacks the requisite subject matter jurisdiction over Plaintiffs ADEA claims as a result of Defendant's Eleventh Amendment immunity from suit in federal court (doc. 13–1, p. 6). Plaintiff argues that because she alleges federal civil rights violations “on the face of her complaint,” any Fed.R.Civ.P. 12(b)(1) motion is defeated (doc. 15, p. 1). Plaintiff asserts that federal question jurisdiction exists as provided by §§ 1331 and 1332 (doc. 15, p. 4). Plaintiff further alleges that this Court has subject matter jurisdiction over the claim by virtue of the presence of federal questions and the acceptance of federal funds (doc. 15, p. 5).

In asserting a court's subject matter jurisdiction, the burden of proof lies on the party seeking to invoke the court's jurisdiction. St. Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir.1998). In federal question cases, the party must demonstrate a non-frivolous claim based on federal law. Gibbs v. Buck, 307 U.S. 66, 72, 59 S.Ct. 725, 83 L.Ed. 1111 (1939). In examining a Rule 12(b)(1) motion, a district court is empowered to consider matters of fact which may be in dispute. Williamson v. Tucker, 645 F.2d 404, 413 (5th Cir.1981). The Fifth Circuit has held that when a Fed.R.Civ.P. 12(b)(1) motion is filed concurrently with other Rule 12 motions, the district court must first address subject matter jurisdictional issues under Rule 12(b)(1) before addressing any attack on the merits. Hitt v. City of Pasadena, 561 F.2d 606, 608 (5th Cir.1977) (per curiam). Moreover, when a district court finds it lacks subject matter jurisdiction, its determination is not on the merits of the case and does not bar the plaintiff from pursuing a claim that has proper jurisdiction. Id. When a State is protected by Eleventh Amendment immunity, federal courts are divested of subject matter jurisdiction. See Edelman v. Jordan, 415 U.S. 651, 662–63, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974).

a. Whether LDPSC is an “Arm of the State”

Defendant alleges that the LDPSC is an arm of the state and, therefore, is entitled to Eleventh Amendment immunity which divests this Court of subject matter jurisdiction over Plaintiffs ADEA claims (doc. 13–1, p. 4, 6). Although, Plaintiff does not address the issue of whether LDPSC is an arm of the state in her opposition, she alleges that Eleventh Amendment immunity does not extend to prisons such as Elayn Hunt because it receives federal funding ¹ (doc. 15, p. 5).

The Eleventh Amendment provides:

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against any one of the United States by Citizens of another State, or by Citizens or Subjects of any foreign state.”

U.S. CONST. amend. XI. Though the language of the Eleventh Amendment does not specifically address suits against the State by its own citizens, the Supreme Court has “consistently held that an unconsenting State is immune from suits brought in federal court by her own citizens as well as citizens of other States.” Edelman v. Jordan, 415 U.S. 651, 662–63, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974) (citing Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890)). Additionally, the scope of the Eleventh Amendment extends to actions against state agencies or entities that are classified as “arms of the state.” Regents of the University of California v. John Doe, 519 U.S. 425, 429, 117 S.Ct. 900, 137 L.Ed.2d 55 (1997); Perez v. Region 20 Educ. Serv. Ctr., 307 F.3d 318, 326 (5th Cir.2002).

When a state is the “real, substantial party in interest,” the Eleventh Amendment bars a suit against state officials. Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984). A state is the real substantial party in interest, and is entitled to an invocation of sovereign immunity from suit, regardless of whether the individual officers are nominal defendants. Ford Motor Co. v. Dep't of Treasury of State of Indiana, 323 U.S. 459, 464, 65 S.Ct. 347, 89 L.Ed. 389 (1945) ( overruled by Lapides v. Bd. of Regents of Univ. Sys. of Georgia, 535 U.S. 613, 122 S.Ct. 1640, 152 L.Ed.2d 806 (2002) (holding that a state's removal of a suit to federal court resulted in that state's waiver of Eleventh Amendment immunity)).

To accurately determine whether LDPSC may assert Eleventh Amendment immunity, the Court must establish whether LDPSC is an “arm of the state.” The Fifth Circuit has instructed district courts to consider six factors when determining if an agency may be appropriately deemed an “arm of the state”: 1) whether state statutes and case law view the entity as an arm of the state; 2) the source of the entity's funding; 3) the entity's degree of local autonomy; 4) whether the entity is concerned primarily with local, as opposed to statewide problems; 5) whether the entity has the authority to sue and be sued in its own name; and 6) whether the entity has the right to hold and use property. Perez v. Region 20 Educ. Serv. Ctr., 307 F.3d 318, 327 (5th Cir.2002). Although no one factor is dispositive, courts deem the source of the entity's funding as particularly important because the chief goal of the Eleventh Amendment is to protect the state treasuries. Id. Thus, “the most significant factor in assessing an entity's status is whether a judgment against it will be paid with state funds.” Champagne v. Jefferson Parish Sheriff's Office, 188 F.3d 312, 314 (5th Cir.1999) (citing McDonald v. Board of Miss. Levee Comm'rs, 832 F.2d 901, 907 (5th Cir.1987)).

In this case, Defendant is a state agency created by the State of Louisiana under La.Rev.Stat. § 40:1301. Likewise, if any monetary judgment is obtained against the Defendant, LDPSC, it will be paid from the State treasury. Champagne, 188 F.3d at 313. In applying the six factor test, the Fifth Circuit has found the LDPSC to be an “arm of the state.” ²Id. Based upon the Fifth Circuit's finding, this Court finds that Defendant is an “arm of the state” and may assert sovereign immunity against suit in federal court.

However, the Eleventh Amendment is not an absolute bar from suit in federal court. Three exceptions may affect a State's ability to raise sovereign immunity as a defense: 1) a State may waive its Eleventh Amendment immunity by consenting to suit in ...