· 11/15/2012
Sherry Ross v. Jefferson County Department of Health
Citations
- 701 F.3d 655
- 27 Am. Disabilities Cas. (BNA) 1
- 2012 U.S. App. LEXIS 23485
- 116 Fair Empl. Prac. Cas. (BNA) 930
- 2012 WL 5519095
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Alabama Health Department was an arm of the state entitled to sovereign immunity
- holding that plaintiff waived her race discrimination claim by responding “no” when asked during her deposition whether she thought that her termination was related to her race
- holding there was no discriminatory discharge where the plaintiff testified that she did not believe race was the cause for her termination
- holding county boards of health are “arms of the state” because Alabama courts have uniformly treated county boards of health as state agencies
- finding the fact that health department was funded by county insufficient to “ ‘tip the balance’ against immunity” because there was no evidence that county exerted control over the department
- “As to the fourth factor, our precedent holds that liability by the state treasury is not determinative of whether a governmental entity should enjoy Eleventh Amendment immunity.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Pryor, Fay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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