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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.