Jones v. Frederick County Bd. of Educ.

• Decision Date: 20 June 1988
• Docket Number: Civ. A. No. Y-87-921.
• Citation: 689 F. Supp. 535
• Parties: Lisa I. JONES, Plaintiff, v. FREDERICK COUNTY BOARD OF EDUCATION, et al., Defendants.
• Court: U.S. District Court — District of Maryland

689 F. Supp. 535

Lisa I. JONES, Plaintiff, v. FREDERICK COUNTY BOARD OF EDUCATION, et al., Defendants.

Civ. A. No. Y-87-921.

United States District Court, D. Maryland.

June 20, 1988.

Peter N. Mann, and Richard Seligman, Washington, D.C., for plaintiff.

Deborah T. Garren, Baltimore, Md., for defendants Frederick County Bd. of Educ., Stuart Berger, and Walt Brillhart.

Lawrence E. Speelman, Co. Atty., and Joseph E. Emerson, Deputy Co. Atty., Frederick, Md., for defendants Frederick County, Inc., J. Anita Stup, Mark L. Hoke, Richard L. Grossnickle, Charles C. Smith, and Sterling B. Ballenger, Sr.

MEMORANDUM

JOSEPH H. YOUNG, District Judge.

Plaintiff Lisa I. Jones sued the Frederick County Board of Education, its School Superintendent Stuart Berger, and New Market Middle School Principal Walter Brilhart to recover compensatory and punitive damages for employment discrimination based on race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., denial of her Fourteenth Amendment right to equal protection in violation of 42 U.S.C. § 1983, and employment discrimination based on handicap in violation of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. On October 29, 1987, the Court granted defendants' motion to dismiss plaintiff's Title VII claim for failure to comply with the statute of limitations. Defendants now move for summary judgment against plaintiff's remaining claims.

Eleventh Amendment Immunity

Defendants argue that the Eleventh Amendment of the Constitution bars plaintiff from suing the Frederick County Board of Education, as well as Superintendent Berger and Principal Brilhart in their official capacities. 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 one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The United States Supreme Court has provided that the significance of this Amendment "lies in its affirmation that the fundamental principle of sovereign immunity limits the grant of judicial authority in Article III." Pennhurst State School & Hospital v. Halderman, 465 U.S. 89, 98, 104 S.Ct. 900, 906, 79 L.Ed.2d 67 (1984). Accordingly, the Court has held that the Eleventh Amendment, despite its express language, even bars a citizen from suing his own state in federal court. Hans v. Louisiana, 134 U.S. 1, 20-21, 10 S.Ct. 504, 509, 33 L.Ed. 842 (1890). "This jurisdictional bar applies regardless of the nature of the relief sought." Pennhurst, 465 U.S. at 100, 104 S.Ct. at 908.

There are several narrow exceptions to the scope of the Eleventh Amendment. For example, Congress may abrogate the Eleventh Amendment immunity; however, it must provide "an unequivocal expression of congressional intent to `overturn the constitutionally guaranteed immunity of the several States.'" Pennhurst, 465 U.S. at 99, 104 S.Ct. at 907 (quoting Quern v. Jordan, 440 U.S. 332, 342, 99 S.Ct. 1139, 1146, 59 L.Ed.2d 358 (1979)). In this case, Congress did not abrogate the Eleventh Amendment immunity in § 1983 or the Rehabilitation Act. Quern, 440 U.S. at 341, 99 S.Ct. at 1145 (§ 1983); Atascadero State Hospital v. Scanlon, 473 U.S. 234, 247, 105 S.Ct. 3142, 3150, 87 L.Ed.2d 171 (1985) (Rehabilitation Act).¹

In addition, a state may waive its Eleventh Amendment immunity and consent to suit in federal court; however, it must do so "by the most express language or by such overwhelming implications from the text as will leave no room for any other reasonable construction." Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 1361, 39 L.Ed.2d 662 (1974) (quoting Murray v. Wilson Distilling Co., 213 U.S. 151, 171, 29 S.Ct. 458, 464, 53 L.Ed. 742 (1909)). A state's general waiver of sovereign immunity does not qualify as a waiver of its constitutional immunity from suit in federal court under the Eleventh Amendment. Florida Department of Health and Rehabilitative Services v. Florida Nursing Home Association, 450 U.S. 147, 150, 101 S.Ct. 1032, 1034, 67 L.Ed.2d 132 (1981) (per curiam). The Court will address the issue of a state's waiver of its Eleventh Amendment immunity after determining whether the Frederick County Board of Education qualifies for Eleventh Amendment protection as an agency of the State of Maryland.

Finally, the Eleventh Amendment does not bar a citizen from suing a state official in federal court for federal law or constitutional violations during the course of his official duties. Ex parte Young, 209 U.S. 123, 167-68, 28 S.Ct. 441, 457, 52 L.Ed. 714 (1908). However, the federal court may only award the claimant prospective, injunctive relief. Edelman, 415 U.S. at 677, 94 S.Ct. at 1362 (citing Ex parte Young); see also Pennhurst, 465 U.S. at 102-03, 104 S.Ct. at 909. If the Court concludes that the Frederick County Board of Education constitutes a Maryland agency, then Superintendent Berger and Principal Brilhart will qualify as state officials and will be entitled to limited Fourteenth Amendment immunity.

This Court finds the following factors helpful in determining whether an entity, such as the Frederick County Board of Education, is an agency of the state for Eleventh Amendment purposes:

1. state statutes and court decisions governing the entity;

2. its source of revenue;

3. its autonomy from the state government;

4. whether it has the power to sue and be sued;

5. whether it has the power to contract; and

6. whether the state would be responsible for a judgment against the entity.

Patterson v. Ramsey, 413 F.Supp. 523, 529 (D.Md.1976), aff'd on other grounds, 552 F.2d 117 (4th Cir.1977).

The Maryland Court of Appeals has consistently held that the county boards of education are agencies of the state. Montgomery County Education Association v. Board of Education of Montgomery County, 311 Md. 303, 317, 534 A.2d 980 (1987); Board of Education of Prince George's County v. Prince George's County Educators' Association, 309 Md. 85, 95 n. 3, 522 A.2d 931 (1987); McCarthy v. Board of Education of Anne Arundel County, 280 Md. 634, 650, 374 A.2d 1135 (1977). The Maryland statute clearly supports this conclusion.

Maryland law creates the county boards of education and governs their composition and membership. Md. Educ. Code Ann. §§ 3-103, 3-105, 3-108, 3-113. The statute requires the county boards to "carry out the applicable provisions of the Education Code of Maryland and the bylaws, rules, regulations, and policies of the State Board of Education." Md. Educ. Code Ann. § 4-107. The county boards must obtain the state's approval regarding the establishment of schools, acquisition or disposition of property, construction or renovation of buildings, and curriculum. Md. Educ. Code Ann. §§ 4-108, 4-110, 4-114. The state appropriates substantial funds to support the county boards. Md. Educ. Code Ann. §§ 5-201 to 5-206. In return, the county boards must acquiesce to an annual audit and submit an annual budget to the state. Md. Educ. Code Ann. §§ 5-101, 5-108.

The Maryland statute does provide the county boards with the power to sue and be sued. Md. Educ. Code Ann. § 3-104(b)(2). In addition, state law requires the county boards to carry at least $100,000 in comprehensive liability insurance, and only allows them to raise the sovereign immunity defense against claims exceeding their coverage. Md. Educ. Code Ann. § 4-105. Nevertheless, the Court concludes from a majority of the factors articulated in Patterson that the county boards of education are agents of the state.

The Court also finds that the state has not waived the Eleventh Amendment immunity of its agents, the county boards. As noted above, a state may only consent to suit by a citizen in federal court "by the most express language." Edelman, 415 U.S. at 673, 94 S.Ct. at 1361. In this case, the state's partial waiver of the county boards' sovereign immunity does not constitute a waiver of their constitutional immunity from suit in federal court under the Eleventh Amendment. Florida Department of Health and Rehabilitative Services, 450 U.S. at 150, 101 S.Ct. at 1034.

The Court concludes that the Frederick County Board of Education is an agent of the State of Maryland entitled to Eleventh Amendment immunity. Accordingly, the Court grants defendants' motion for summary judgment regarding plaintiff's claims against the Frederick County Board of Education.

Superintendent Berger and Principal Brilhart qualify as state officials because they are employees of the Frederick County Board of Education. Md. Educ. Code Ann. § 4-105.1(a). Thus, plaintiff may only sue them in their official capacities for prospective, injunctive relief under the Eleventh Amendment. However, plaintiff only seeks to recover compensatory and punitive damages from these defendants. Accordingly, the Court grants defendants' motion for summary judgment regarding plaintiff's claims against Superintendent Berger and Principal Brilhart in their official capacities.

The Court's application of the Eleventh Amendment limits plaintiff's action to her claims against Superintendent Berger and Principal Brilhart in their individual capacities² under § 1983 and section 504 of the Rehabilitation Act.

Statute of Limitations

Defendants next argue that the applicable time limitation for actions under § 1983 and section 504 of the Rehabilitation Act bars many of plaintiff's claims against Superintendent Berger and Principal Brilhart in their individual capacities. Neither § 1983 nor section 504 of the Rehabilitation Act expressly provides a statute of limitations. Accordingly, courts borrow the most appropriate state time limitation. Wilson v. Garcia, 471 U.S. 261, 266-67, 105 S.Ct. 1938, 1942, 85 L.Ed.2d 254 (1985) (§ 1983); Andrews v. Consolidated Rail Corp., 831 F.2d 678, 683 (7th Cir.1987) (section 504); Alexopulos v. San Francisco Unified School District, 817 F.2d 551, 554 (9th...