Hobbs v. Georgia Dept. of Transp.

• Decision Date: 31 January 1992
• Docket Number: Civ. A. No. 4:89-cv-249-HLM.
• Citation: 785 F. Supp. 980
• Parties: Rosa HOBBS, Plaintiff, v. GEORGIA DEPARTMENT OF TRANSPORTATION and its agents, Jerry Gossett, Tony Chambers and Archie C. Burnham, Defendant.
• Court: U.S. District Court — Northern District of Georgia

785 F. Supp. 980

Rosa HOBBS, Plaintiff, v. GEORGIA DEPARTMENT OF TRANSPORTATION and its agents, Jerry Gossett, Tony Chambers and Archie C. Burnham, Defendant.

Civ. A. No. 4:89-cv-249-HLM.

United States District Court, N.D. Georgia, Rome Division.

October 18, 1991.

On Motion for Reconsideration January 31, 1992.

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Warren N. Coppedge, Jr., Mitchell Coppedge Wester Bisson & Miller, Dalton, Ga., Samuel F. Robinson, Jr., phv, Robinson & Crutchfield, Chattanooga, Tenn., for plaintiff.

J. Clinton Sumner, Jr., Rogers Magruder Sumner & Brinson, Rome, Ga., for E.E. Roberts, Harry Roberts and Shirley Roberts.

John W. Davis, Jr., David James Dunn, Gleason & Davis, Rossville, Ga., Theodore Freeman, Nena Kaye Puckett, Drew Eckl & Farnham, Atlanta, Ga., for City of Fort Oglethorpe.

Henry C. Tharpe, Jr., Kinney Kemp Pickell Sponcler & Joiner, Dalton, Ga., for Georgia Dept. of Transp., Jerry Gossett, Tony Chambers, Archie C. Burnham and Ronald K. Colbin.

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on Defendants' Motion to Stay Proceedings to Enforce Judgment, Defendants' Motion for Judgment Notwithstanding the Verdict (JNOV), or in the alternative, Motion for a New Trial and Defendants' Motion to Review Taxation of Costs. This Court grants Defendants' Motion JNOV finding that it is without jurisdiction to hear this case. Accordingly, Defendants' Motion to Stay Proceedings to Enforce Judgment and Defendants' Motion to Review Taxation of Costs are denied as Moot.

MOTION JNOV or NEW TRIAL

In Defendants' Motion JNOV, or a New Trial, Defendants allege that several errors occurred in the three day trial held between August 26, 1991, and August 28, 1991.¹ First, Defendants again allege that the Georgia Department of Transportation (GDOT) never waived its Eleventh Amendment sovereign immunity defense.² Second, they claim that the evidence introduced at trial to establish an agency relationship was inadequate to impose liability on the individual Defendants. Third, Defendants argue that the facts were insufficient to show any type of negligence on behalf of any of the named Defendants. Finally, they contend that no causal connection existed between the deficient traffic counts and the re-timing of the traffic signals. Plaintiff argues, however, that Defendants did waive their Eleventh Amendment immunity and that the evidence was sufficient to support the jury's verdict as to all essential elements and, therefore, Defendants' motion should be denied. Because this Court finds that Defendants have not waived their Eleventh Amendment immunity, the Court will not address the other allegations.

ELEVENTH AMENDMENT IMMUNITY

The Eleventh Amendment states: "The Judicial power to the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S.CONST. amend. XI.³ This amendment acts as a restriction on federal judicial power by limiting a person's ability to sue a state in federal court. Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). A state is entitled to this immunity whether the suit is by one of its own citizens or by a citizen of another state. Great Northern Life Ins. Co. v. Read, 322 U.S. 47, 64 S.Ct. 873, 88 L.Ed. 1121 (1944); Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890).

There are two ways in which Eleventh Amendment immunity may be abrogated: (1) Congress may waive a state's immunity by explicit Congressional enactment; or, (2) a state may itself waive its Eleventh Amendment immunity and consent to be sued in federal court. Gamble v. Florida Dept. of Health & Rehabilitation Serv., 779 F.2d 1509 (11th Cir.1986). As this case does not concern any federal laws or constitutional rights, this Court will only address a state's ability to waive its Eleventh Amendment immunity.

According to Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 105 S.Ct. 3142, 87 L.Ed.2d 171 (1984), a state may waive its Eleventh Amendment immunity only if there is "an unequivocal indication that the State intends to consent to federal jurisdiction that otherwise would be barred by the Eleventh Amendment." Id. at 238 N. 1, 105 S.Ct. at 3145 n. 1. This stringent standard has arisen because "a state's constitutional interest in immunity encompasses not merely whether it may be sued, but where it may be sued." Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 99, 104 S.Ct. 900, 907, 79 L.Ed.2d 67 (1983). Accordingly, this waiver will be found "only where stated by the most express language or by such overwhelming implications from the text as will leave no room for any other reasonable construction." Fouche v. Jekyll Island-State Park Authority, 713 F.2d 1518, 1522 (11th Cir. 1983) (citations omitted). See Brady v. Michelin Reifenwerke, 613 F.Supp. 1076, 1082 (D.Miss 1985) (stating alleged waiver must "specify the state's intent to be sued in federal court.").

A general waiver allowing a state to be sued in its own courts is not enough to show that the state agreed to be sued in federal court. See Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 105 S.Ct. 3142, 87 L.Ed.2d 171 (1984) (Eleventh Amendment immunity not waived despite California statute stating that "suits may be brought against the state in such manner and in such courts as directed by law"); Tuveson v. Florida Governor's Council on Indian Affairs, Inc., 734 F.2d 730 (11th Cir.1984) (immunity not waived even where statute stated state agency can be sued "to same extent as natural person."). See also Westinghouse Elec. v. West Virginia Dept. of Highways, 845 F.2d 468 (4th Cir.1988), cert. denied, 488 U.S. 855, 109 S.Ct. 143, 102 L.Ed.2d 116 (1988); Gamble v. Florida Dept. of Health & Rehab. Services, 779 F.2d 1509 (11th Cir.1986); Brady v. Michelin Reifenwerke, 613 F.Supp. 1076 (D.Miss. 1985) (Eleventh Amendment immunity not waived when state statute establishes waiver of sovereign immunity for procurement of state liability insurance).

The GDOT claims it is immune from suit under the Eleventh Amendment. This assertion is grounded in GDOT's existence as a state agency⁴ and that the Eleventh Amendment bars actions against the state unless the state unequivocally waives its Eleventh Amendment immunity.⁵ Defendants contend that the sovereign immunity waiver in the Georgia Constitution only applies to state court, and does not apply to being sued in federal court.

Plaintiff argues, however, that Eleventh Amendment immunity does not apply in this case because the funds to satisfy this judgment will not come from the public treasury. Instead, the funds will come from the insurance fund statutorily created to indemnify the state in these types of actions. Therefore, Plaintiff concludes that because the Eleventh Amendment protection was created to protect the state treasury and because the judgment in this case will be satisfied without public funds, the Eleventh Amendment does not apply in this case.

In addition, Plaintiff contends that although the GDOT is a state agency, the agency's participation in this fund waives any immunity the agency may have had. According to the Plaintiff, the creation of this insurance fund acts as a waiver of sovereign immunity to the extent of the insurance coverage. Consequently, Plaintiff maintains that if the state constitution creates a circumstance for waiving sovereign immunity, and that circumstance is fulfilled, it follows that the state's Eleventh Amendment immunity is also waived.

Plaintiff's argument concerning the nature of the funds which will be used to satisfy a judgment in this case, is an attempt to circumvent the stringent test for waiving Eleventh Amendment immunity. While it is true that the Eleventh Amendment was created to protect the public fisc,⁶ the mere creation of an insurance fund to protect the state treasury does not act as an implicit waiver of the state's Eleventh Amendment immunity. See Westinghouse Elec. v. West Virginia Dept. of Highways, 845 F.2d 468 (4th Cir. 1988), cert. denied, 488 U.S. 855, 109 S.Ct. 143, 102 L.Ed.2d 116 (1988); Gamble v. Florida Dept. of Health & Rehab. Services, 779 F.2d 1509 (11th Cir.1986); Brady v. Michelin Reifenwerke, 613 F.Supp. 1076 (D.Miss.1985). A state is entitled to its Eleventh Amendment immunity until it specifically waives this immunity, not until it creates an insurance fund. Although Plaintiff's argument appeals to the Court's practical instincts, it cannot be sustained when viewed in light of the Supreme Court's consistent holdings requiring an exact and unequivocal abrogation of a state's Eleventh Amendment immunity before it can be sued in federal court. See Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 105 S.Ct. 3142, 87 L.Ed.2d 171 (1984); Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 104 S.Ct. 900, 79 L.Ed.2d 67 (1983); Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974).

In addition to arguing that the Eleventh Amendment should not apply in this case, Plaintiff maintains that the state has explicitly waived its immunity in the Georgia Constitution. The Georgia Constitution states in pertinent part:

Sovereign immunity extends to the state and all of its departments and agencies.... The defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance protection for such claims has been provided but only to the extent of any liability insurance protection provided.

GA.CONST.Art. 1, § 2, ¶ 9. Accordingly, the Georgia courts have interpreted this provision to mean that the state has waived its immunity in state court to the extent of the liability insurance coverage procured.⁷ Dugger v. Sprouse, 257 Ga. 778, 364 S.E.2d 275 (1988); Martin v. Georgia Dept. of Public Safety, ...