Hurd v. Pittsburgh State University, 93-3082
| Decision Date | 12 July 1994 |
| Docket Number | No. 93-3082,93-3082 |
| Parties | 65 Fair Empl.Prac.Cas. (BNA) 322, 93 Ed. Law Rep. 62 Chet A. HURD, Plaintiff-Appellee, v. PITTSBURG STATE UNIVERSITY, Defendant-Appellant, and William Mark Simmons, Defendant, U.S. Equal Employment Opportunity Commission, Amicus Curiae. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Carl A. Gallagher, Asst. Atty. Gen. (Robert T. Stephan, Atty. Gen., with him on the briefs), Topeka, KS, for defendant-appellant.
Mark A. Buchanan, The Popham Law Firm, P.C., Kansas City, MO, for plaintiff-appellee.
Paul D. Ramshaw, Attorney (Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Assoc. Gen. Counsel, and Vincent J. Blackwood, Asst. Gen. Counsel, with him on the brief), U.S. E.E.O. Com., Washington, DC, amicus curiae.
Before LOGAN and McKAY, Circuit Judges, and SAM, * District Judge.
The issue in this case is whether lawsuits under the Age Discrimination Employment Act ("ADEA") brought by private litigants against the state in federal court are barred by Eleventh Amendment immunity. In a thorough and well-reasoned opinion published at 821 F.Supp. 1410 (D.Kan.1993), the district court held that Congress intended to abrogate states' Eleventh Amendment immunity when it passed the ADEA. The only additions we can make to the district court's opinion are the citations for two more cases that support its holding. Specifically, in addition to the cases cited by the district court, both the Seventh Circuit, see Heiar v. Crawford County, Wis., 746 F.2d 1190 (1984), cert. denied, 472 U.S. 1027, 105 S.Ct. 3500, 87 L.Ed.2d 631 (1985), and the First Circuit, see Ramirez v. Puerto Rico Fire Serv., 715 F.2d 694 (1st Cir.1983), have held that Congress intended to abrogate states' Eleventh Amendment immunity when it passed the ADEA. Accordingly, we affirm for substantially the same reasons given by the district court.
AFFIRMED.
* Honorable David Sam, United States District Judge for the District of Utah, sitting by designation.
To continue reading
Request your trial
-
Migneault v. Peck, 97-2099
...Fourteenth Amendment because age is not a suspect class. The district court rejected both arguments, relying on Hurd v. Pittsburgh State Univ., 29 F.3d 564 (10th Cir.1994), cert. denied, 513 U.S. 930, 115 S.Ct. 321, 130 L.Ed.2d 282 (1994), where this court specifically held the ADEA, as ame......
-
Goshtasby v. Board of Trustees of University of Illinois
...and their agencies were amenable to suit under the ADEA notwithstanding the Eleventh Amendment. See id.; accord Hurd v. Pittsburg State Univ., 29 F.3d 564, 564-65 (10th Cir.1994) (holding that Congress abrogated states' Eleventh Amendment immunity in ADEA's 1974 amendment); Ramirez v. Puert......
- Hurd v. Pittsburg State University, 95-3236
-
Pease v. University of Cincinnati Medical Center, C-1-96-167.
..."there is no doubt what the intent of Congress was: to extend the application of the ADEA to the states."); Hurd v. Pittsburgh State Univ., 29 F.3d 564, 564-65 (10th Cir.1994) (affirming district court's finding that Congress intended to abrogate states' Eleventh Amendment immunity when it ......