Snodderly v. Kansas

• Decision Date: 19 November 1999
• Docket Number: No. 96-4044-SAC.,96-4044-SAC.
• Parties: Brian L. SNODDERLY, Plaintiff, v. The State of KANSAS and Bev Heinrich, Defendants.
• Court: U.S. District Court — District of Kansas

Page 1241

79 F.Supp.2d 1241

Brian L. SNODDERLY, Plaintiff, v. The State of KANSAS and Bev Heinrich, Defendants.

No. 96-4044-SAC.

United States District Court, D. Kansas.

November 19, 1999.

Michael D. Burrichter, Kansas Dept. of Revenue, Topeka, KS, Frank S. Reeb, Johnson County Legal Dept., Johnson County Square, Oathe, KS, M.J. Willoughby, Office of Attorney General, Kansas Judicial Center, for defendant.

Brock R. Snyder, Law Office of Brock R. Snyder, Topeka, KS, for plaintiff.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

The plaintiff, Brian L. Snodderly, alleges that he was constructively discharged from his employment in the mail room at the State of Kansas Department of Revenue by a hostile work environment which he attributes to his mental disabilities — an adjustment disorder with anxious mood and passive-aggressive personality — and physical disabilities in violation of the Americans with Disabilities Act (ADA). The plaintiff also asserts claims under 42 U.S.C. § 1983,¹ Title VII of the Civil Rights Act of 1964 and the tort of outrage.² The defendants deny liability and challenge this court's jurisdiction over the plaintiff's claims.

Parallel State Proceedings:

Shortly before filing this federal case, the plaintiff had filed similar or nearly identical claims in a parallel state proceeding before Franklin R. Theis, Shawnee County, Kansas, district judge. On July 30, 1998, Judge Theis granted summary judgment to the defendants on all the plaintiff's claims. The plaintiff has appealed that adverse ruling to the Kansas Court of Appeals. On January 15, 1999, the plaintiff filed his brief in the Kansas Court of Appeals. See Plaintiff's "Notice of Filing of Appellant's Brief in the Court of Appeals for the State of Kansas" (Dk.110). On November 5, 1999, the Kansas Court of Appeals heard oral argument on that appeal.

Pending Motions:

1. Motion for Summary Judgment as to breach of contract claims based upon res judicata and collateral estoppel (Dk.98).

2. Defendant's motion to dismiss (Dk.63).

3. Motion to Dismiss (Dk.113).

4. Notice of Supplemental Authority and Renewed Request for Summary Judgment as to All Claims Based upon Res Judicata and Collateral Estoppel (Dk.100).

5. Defendant's Motion for Summary Judgment (Dk.77).

Motion for Summary Judgment as to breach of contract claims based upon res judicata and collateral estoppel (Dk.98).

In light of the plaintiff's abandonment of his contract based claims, see Plaintiff's "Response to Defendant's Renewed Request for Summary Judgment Based upon Res Judicata and Collateral Estoppel" (Dk. 108 at page 1) (plaintiff "concede[s] to surrendering his breach of contract claim" and "his third party beneficiary contract claim.") this motion is denied as moot.

Defendant's motion to dismiss (Dk.63).

In this motion, the defendants move, inter alia³, for dismissal of plaintiff's ADA and state law claims against the State of Kansas and Bev Heinrich in her official capacity based upon Eleventh Amendment immunity. The plaintiff responds, arguing that Congress abrogated state immunity when it enacted the ADA. As to his state law claims, the plaintiff argues that this court has supplemental jurisdiction over these claims under 28 U.S.C. § 1367(a) because "it would be prejudicial to the plaintiff if he had to maintain two separate suits, one in federal court and one in state court when especially all of the claims arise from the same issues and facts." Plaintiff's Response to Defendant's Motion to Dismiss titled "Reply to Defendants (sic) Motion to Dismiss (Dk. 76 at 13-14)".

Analysis

Since the time that the defendants' motion to dismiss was filed, the Tenth Circuit has held "that Congress's statutory abrogation of Eleventh Amendment immunity in the ADA was a valid exercise of its Section 5 enforcement powers." Martin v. State of Kansas, 190 F.3d 1120 (10th Cir. 1999). Consequently, this court has jurisdiction over the plaintiff's ADA claims against the State of Kansas. The defendants' motion to dismiss the plaintiff's ADA claims is denied.

This court lacks, however, jurisdiction over the plaintiff's state law claims against the State of Kansas and Bev Heinrich in her official capacity. See Elephant Butte Irrigation District of New Mexico v. Dept. of Interior, 160 F.3d 602, 607 (10th Cir.1998) ("Generally, the law considers state officials acting in their official capacities to be acting on behalf of the state and immune from unconsented lawsuits under the Eleventh Amendment.") (citing Kentucky v. Graham, 473 U.S. 159, 165-66, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985)) ("[A]n official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.... It is not a suit against the official personally, for the real party in interest is the entity."), cert. denied, ___ U.S. ___, 119 S.Ct. 1255, 143 L.Ed.2d 352 (1999); Ellis v. University of Kansas Medical Center, 163 F.3d 1186, 1196 (10th Cir.1999) ("The Supreme Court has previously held that Congress did not abrogate the States' Eleventh Amendment immunity when it enacted 42 U.S.C. § 1983. Quern v. Jordan, 440 U.S. 332, 345, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979). Thus, because Kansas has not unmistakably waived its Eleventh Amendment immunity, and Congress has not abrogated that immunity, the Eleventh Amendment bars [the plaintiff's] suit against Kansas and its state agencies in the federal courts.") (footnote omitted); Re v. New Vistas, 173 F.3d 864, 1999 WL 178695 (10th Cir.1999) (Table) ("Congress did not abrogate Eleventh Amendment immunity when it enacted 42 U.S.C. §§ 1981 or 1983."), petition for cert. filed July 27, 1999.

Although this court has jurisdiction to hear the plaintiff's ADA claims against the State of Kansas, that finding does not establish jurisdiction over the plaintiff's supplemental claims. See Pennhurst State Sch. & Hosp. v. Halderman, 465 US. 89, 121, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (under the Eleventh Amendment, a federal court lacks jurisdiction to hear supplemental state law claims against a state although it has jurisdiction to hear federal claims against the state).

Contrary to the plaintiff's implicit suggestion, § 1367 (supplemental jurisdiction) does not abrogate Kansas' Eleventh Amendment immunity. The plaintiff's judicial economy arguments do not change this result:

Congress did not abrogate the states' immunity from suit in federal court in 28 U.S.C. § 1367, the statute codifying the common-law doctrines of pendent and ancillary jurisdiction; ... the grant of supplemental jurisdiction contained in 28 U.S.C. § 1367 cannot override Eleventh Amendment immunity.

These conclusions make Plaintiffs' judicial economy and convenience argument irrelevant. "In any case ... such considerations of policy cannot override the constitutional limitation on the authority of the federal judiciary to adjudicate suits against a State." Pennhurst, 465 U.S. at 123, 104 S.Ct. at 920 (court's response to respondents' argument that applying the Eleventh Amendment to pendent claims results in bifurcation of claims and contradicts policies of judicial economy and convenience).

Doran v. Condon, 983 F.Supp. 886, 890-91 (D.Nebraska 1997); see, e.g., Archibeque v. Wylie, 16 F.3d 415, 1994 WL 41272 (Eleventh Amendment immunity bars plaintiff's § 1983 claim and state law claim against defendant in her official capacity).

The plaintiff's state law claims against the State of Kansas and against Bev Heinrich in her official capacity are dismissed for lack of jurisdiction.

Notice of Supplemental Authority and Renewed Request for Summary Judgment as to All Claims Based upon Res Judicata and Collateral Estoppel (Dk.100)/Motion to Dismiss (Dk.113).

In these motions, the defendants seek dismissal of this case, arguing that because the plaintiff's claims have been rejected by Judge Theis, the plaintiffs claims are barred by res judicata principles. In the alternative, the defendants contend that this federal court action is barred by the Rooker-Feldman doctrine and its progeny. The defendants contend that the Rooker-Feldman doctrine applies even though the plaintiff's appeal is still pending before the Kansas Court of Appeals. The defendants argue that the doctrine applies to the plaintiff's § 1983 claim against Bev Heinrich because it is "inextricably intertwined" with the claims actually decided by the state court. Alternatively, Heinrich contends that she is entitled to judgment as a matter of law on the plaintiffs § 1983 claim.

The plaintiff filed a response to the defendants' motion for summary judgment but filed no response to the defendants' motion to dismiss.

Res Judicata

In light of Judge Theis' decision granting the defendants' motion for summary judgment on all of the plaintiffs claims in that case, the defendants move for summary judgment in this case on res judicata and collateral estoppel principles. See "Notice of Supplemental Authority and Renewed Request for Summary Judgment as to All Claims Based upon Res Judicata and Collateral Estoppel (Dk.100)." In his response to the defendants' contention that the plaintiff's claims are barred by res judicata principles, the plaintiff, inter alia, notes that he has filed an appeal to the Kansas Court of Appeals.

Analysis

The defendants correctly argue that this court must give a Kansas state-court judgment the same preclusive effect as would be given that judgment by the state courts of Kansas. Ryan v. City of Shawnee, 13 F.3d 345, 347 (10th Cir.1993) ("Under the full faith and credit statute, federal courts must give the judicial proceedings of any state court the same preclusive effect that those judgments would be given by the courts of that state.") (citing 28 U.S.C. § 1738).⁴

However, under Kansas law the pendency of an appeal precludes the application of res judicata principles. See Speer v. Dighton Grain Inc., 229 Kan. 272, Syl. ¶ 1, 624 P.2d 952 (1981) ("The doctrine of res judicata cannot arise from a...