U.S. Equal Emp't Opportunity Comm'n v. Court of Common Pleas of Allegheny Cnty.

• Decision Date: 15 October 2014
• Docket Number: Civil Action No. 2:14–899.
• Citation: 62 F.Supp.3d 428
• Parties: UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA, Defendant.
• Court: U.S. District Court — Western District of Pennsylvania

62 F.Supp.3d 428

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff

v.COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA, Defendant.

Civil Action No. 2:14–899.

United States District Court, W.D. Pennsylvania.

Signed Oct. 15, 2014.

Jeffrey A. Stern, United States Equal Employment Opportunity Commission, Cleveland, OH, for Plaintiff.

Caroline Liebenguth, Administrative Office of Pennsylvania Courts, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION

NORA BARRY FISCHER, District Judge.

I. Introduction

The instant action involves allegations that an elderly individual was unlawfully deprived of an employment opportunity because of her age. Defendant has moved for the dismissal of this action on the ground that it is barred by the Eleventh Amendment to the United States Constitution.¹ ECF No. 8. For the reasons that follow, Defendant's motion to dismiss will be denied.

II. Background

On February 7, 2012, a staffing agency assigned Carolyn J. Pittman (“Pittman”) to work on a scanning project at the Court of Common Pleas of Allegheny County, Fifth Judicial District of Pennsylvania (“Court of Common Pleas”). ECF No. 1 at ¶¶ 8, 16. Pittman, who was seventy years old, commenced her duties on February 14, 2012. Id. at ¶ 9. Lisa Moore (“Moore”), an employee of the Court of Common Pleas, was responsible for training and supervising Pittman. Id. at ¶ 10. During the ensuing six-week period, Moore allegedly complained that Pittman was “too old” to perform her assigned tasks. Id. at ¶ 11. Some of Moore's comments suggested that Pittman could not “see well enough” to do her job. Id. At some point, Moore told managers employed by the Court of Common Pleas that Pittman was making too many mistakes. Id. at ¶¶ 12–14.

An employee of the Court of Common Pleas contacted the staffing agency on March 28, 2012, and advised that Pittman needed to be removed from her job. Id. at ¶ 15. Later that day, an employee of the staffing agency told Pittman that the scanning project had concluded, and that she would no longer be working at the Court of Common Pleas. Id. at ¶ 16. The scanning project evidently continued after Pittman's departure. Id. at ¶ 17. It is alleged that Pittman was eventually “replaced by at least one much younger worker.” Id. at ¶ 18.

The Equal Employment Opportunity Commission (“EEOC”) commenced this action on July 8, 2014, alleging that the Court of Common Pleas had violated the Age Discrimination in Employment Act of 1967 (“ADEA”) [29 U.S.C. § 621 et seq. ] by discharging Pittman because of her age. ECF No. 1. The Court of Common Pleas filed a motion to dismiss on August 28, 2014, contending that this action was barred by the Eleventh Amendment. ECF No. 8. The EEOC filed a Brief in Opposition on September 22, 2014. ECF No. 11. The Court of Common Pleas filed a Reply on October 6, 2014. ECF No. 14. The motion is now ripe for disposition.

III. Standard of Review

A motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(1) challenges a court's subject-matter jurisdiction over the plaintiff's claims. Fed. R. Civ. P. 12(b)(1). “At issue in a Rule 12(b)(1) motion is the court's ‘very power to hear the case.’ ” Judkins v. HT Window Fashions Corp., 514 F.Supp.2d 753, 759 (W.D.Pa.2007), quoting Mortensen v. First Federal Savings & Loan Association, 549 F.2d 884, 891 (3d Cir.1977). As the party asserting that jurisdiction exists, the plaintiff bears the burden of showing that his or her claims are properly before the court. Development Finance Corp. v. Alpha Housing & Health Care, 54 F.3d 156, 158 (3d Cir.1995). In reviewing a Rule 12(b)(1) motion, a court must determine whether the attack on its jurisdiction is a facial attack or a factual attack. A facial attack challenges the sufficiency of the plaintiff's pleadings on jurisdictional grounds. Petruska v. Gannon University, 462 F.3d 294, 302, n. 3 (3d Cir.2006). When considering a facial attack, a court must accept the allegations contained in the plaintiff's complaint as true. Id. A factual attack on the court's jurisdiction must be treated differently. Id. When considering a factual attack, the court does not attach a presumption of truthfulness to the plaintiff's allegations, and the existence of disputed material facts does not preclude the court from deciding for itself whether jurisdiction over the plaintiff's claims can be properly exercised. Mortensen, 549 F.2d at 891.

In light of the United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), a complaint may be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) if it does not allege “enough facts to state a claim to relief that is plausible on its face.” Phillips v. County of Allegheny,

515 F.3d 224, 234 (3d Cir.2008), quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). This standard requires more than “a formulaic recitation of the elements of a cause of action.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. The complaint must allege a sufficient number of facts “to raise a right to relief above the speculative level.” Id. This requirement is designed to facilitate the notice-pleading standard of Federal Rule of Civil Procedure 8(a)(2), which requires “a short and plain statement of [a] claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added).

In considering a motion to dismiss filed pursuant to Rule 12(b)(6), a court accepts all of the plaintiff's allegations as true and views all reasonable inferences drawn from those allegations in the light most favorable to the plaintiff. Buck v. Hampton Township School District, 452 F.3d 256, 260 (3d Cir.2006). Nonetheless, a court need not credit bald assertions, unwarranted inferences, or legal conclusions cast in the form of factual averments. Morse v. Lower Merion School District, 132 F.3d 902, 906, n. 8 (3d Cir.1997). The primary question in deciding a motion to dismiss is not whether the plaintiff will ultimately prevail, but rather whether he or she is entitled to offer evidence to establish the facts alleged in the complaint. Maio v. Aetna, 221 F.3d 472, 482 (3d Cir.2000). The purpose of a motion to dismiss is to “streamline[ ] litigation by dispensing with needless discovery and factfinding.” Neitzke v. Williams, 490 U.S. 319, 326–327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). In addition to the allegations contained in the complaint, a court may consider matters of public record, exhibits attached to the complaint, and other items appearing in the record of the case. Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384, n. 2 (3d Cir.1994).

IV. Jurisdiction and Venue

This action has been brought by an agency of the United States seeking to redress an alleged violation of federal law. The Court has jurisdiction in this case pursuant to 28 U.S.C. §§ 1331 and 1345. Venue is proper under 28 U.S.C. § 1391(b).

V. Discussion

The Eleventh Amendment provides that “[t]he 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.” U.S. Const., Amend. XI. Although the applicable constitutional text does not expressly bar an action brought by a citizen against his or her State of residence, the Supreme Court has explained that the precise language of the Eleventh Amendment “does not define the scope of the States' sovereign immunity.” Federal Maritime Commission v. South Carolina State Ports Authority, 535 U.S. 743, 753, 122 S.Ct. 1864, 152 L.Ed.2d 962 (2002). Despite the narrow reach of its language, the Eleventh Amendment has been understood “to stand not so much for what is says, but for the presupposition of our constitutional structure which it confirms.” Blatchford v. Native Village of Noatak, 501 U.S. 775, 779, 111 S.Ct. 2578, 115 L.Ed.2d 686 (1991). “This presupposition is based on the understanding that ‘the States entered the federal system with their sovereignty intact,’ that ‘[t]he Judicial power of the United States' is limited by this sovereignty, and that a State will not be subjected to suits in federal court brought by private individuals unless it has consented to such suits either expressly or in the ‘plan of the convention.’ ” Burns v. Alexander, 776 F.Supp.2d 57, 72 (W.D.Pa.2011), quoting Blatchford, 501 U.S. at 779, 111 S.Ct. 2578. In this vein, a State's immunity from suit extends to actions brought by its own citizens. Betts v. New Castle Youth Development Center, 621 F.3d 249, 254 (3d Cir.2010).

Congress has the constitutional authority to “enforce” the substantive provisions of the Fourteenth Amendment through the enactment of “appropriate legislation.” U.S. Const., Amend. XIV, § 5. The Supreme Court has explained that Congress' “enforcement” authority, which comes from § 5 of the Fourteenth Amendment, includes the power to subject the States to private suits that would be “constitutionally impermissible in other contexts.” Fitzpatrick v. Bitzer, 427 U.S. 445, 456, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976). A federal statute validly abrogates the States' Eleventh Amendment immunity to the extent that it “creates a private cause of action for damages against the States for conduct that actually violates the Fourteenth Amendment.” United States v. Georgia, 546 U.S. 151, 159, 126 S.Ct. 877, 163 L.Ed.2d 650 (2006) (emphasis in original). In addition, Congress may authorize private suits against the States for violations of statutory provisions that “proscribe[ ] facially constitutional conduct[ ] in order to prevent and deter unconstitutional conduct.” Nevada Dept....