Anthony L. Green v. Jackie Graham

906 F.3d 955
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 12, 2018
Docket17-14704
StatusPublished
Cited by23 cases

This text of 906 F.3d 955 (Anthony L. Green v. Jackie Graham) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anthony L. Green v. Jackie Graham, 906 F.3d 955 (11th Cir. 2018).

Opinions

WILLIAM PRYOR, Circuit Judge:

This interlocutory appeal presents questions about state sovereign immunity and related principles of federal jurisdiction. Anthony Green, Brooke Walker, and Earl Howton Jr. petitioned a state court for injunctive and declaratory relief entitling them to an enhanced status in the retirement system for Alabama state employees. The state officials named as defendants removed the action to federal court, which waived their immunity from suit in a federal forum, see Lapides v. Bd. of Regents of Univ. Sys. of Ga. , 535 U.S. 613, 122 S.Ct. 1640, 152 L.Ed.2d 806 (2002), but did not necessarily waive all sovereign-immunity-based defenses, see Stroud v. McIntosh , 722 F.3d 1294 (11th Cir. 2013). The district court ruled that the doctrine of Ex parte Young , 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), made sovereign immunity inapplicable. We hold that the officials have either waived or forfeited any immunity from suit and that we lack jurisdiction to consider their immunity from liability on interlocutory appeal.

I. BACKGROUND

Green, Walker, and Howton are employees of the Alabama Law Enforcement Agency and participants in the Employees' Retirement System of Alabama. The Retirement System administers different retirement plans for different groups of state employees. The most generous retirement status, "state policeman," applies to employees "approved by the State Personnel Board to perform the duties of highway patrolman or a beverage control agent or a crime investigator." Ala. Code § 36-27-1(23). The next most generous status, "law enforcement," applies to correctional officers, firefighters, and law-enforcement officers not eligible for state-policeman status. See id. § 36-27-59. All other employees in the Retirement System fall in the residual "state employee" category.

Although the plaintiffs' retirement status is law enforcement, they allege they *959are entitled to participate in the state-policeman plan based on the statutory definition, and they allege that they were hired with the understanding that they would enjoy state-policeman retirement status. They have unsuccessfully sought a state-policeman upgrade for years.

In September 2015, the plaintiffs filed a complaint in the Circuit Court of Montgomery County against Spencer Collier, then secretary of the Agency, and Dr. David Bronner, chief executive officer of the Retirement Systems of Alabama, both in their official capacity. The complaint alleged that the plaintiffs' job duties qualified them as "state policemen" because they "perform[ed] the duties of ... a crime investigator." Id. § 36-27-1(23). They asserted a federal equal-protection claim for declaratory and injunctive relief, 42 U.S.C. § 1983, and a parallel state-law claim. With Bronner's consent, Collier removed the case to the district court. The plaintiffs then voluntarily dismissed their claims against Bronner based on assurances that the Retirement System would honor any court order in their favor.

The plaintiffs later amended their complaint. The amended complaint joined Jackie Graham, head of the State Personnel Department, as a defendant. It also added federal and state due-process claims to the earlier-stated equal-protection claims. The district court later substituted Collier with Stan Stabler, Collier's successor as secretary of the Agency.

Graham and Stabler moved for summary judgment. Among other defenses, they argued that state sovereign immunity barred the plaintiffs' claims against them. Before the district court ruled on the motion, it substituted Stabler with Hal Taylor, Stabler's successor as secretary of the Agency.

The district court denied Graham and Taylor's motion for summary judgment. It concluded that plaintiffs' claims fall within the Ex parte Young exception to state sovereign immunity for prospective relief to redress ongoing violations of constitutional rights. Although the district court discussed the effect of removal of an action on state sovereign immunity, it did not base its ruling on that ground. Nor did the district court address the officials' argument that Ex parte Young cannot dispel immunity from the plaintiffs' state-law claims, see Pennhurst State Sch. & Hosp. v. Halderman , 465 U.S. 89, 106, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984).

II. JURISDICTION AND STANDARD OF REVIEW

Although we ordinarily have jurisdiction to review only "final decisions of the district courts," 28 U.S.C. § 1291, the denial of state sovereign immunity by a district court is immediately appealable under the collateral-order doctrine. P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc. , 506 U.S. 139, 144-45, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993).

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906 F.3d 955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-l-green-v-jackie-graham-ca11-2018.