Catherine A. Crane v. Pineland Mental Health

230 F. App'x 947

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 1, 2007
• Docket: 07-10861
• Status: Unpublished

Opinion

PER CURIAM:

Catherine A. Crane appeals the summary judgment in favor of Pineland Mental Health, Mental Retardation & Substance Abuse Community Service Board and against her complaint for unpaid overtime compensation under the Fair Labor Standards Act. We review a summary judgment de novo. Cuvillier v. Rockdale County, 390 F.3d 1336, 1338 (11th Cir.2004). Crane argues that Pineland waived its defense of sovereign immunity by failing to raise that defense in its initial answer. Crane’s argument is frivolous.

As acknowledged by Crane in her statement of facts, the magistrate judge allowed Pineland to amend its answer to include the defense of sovereign immunity, and Crane does not offer any argument that the decision of the magistrate judge to allow that amendment was in error. Pineland did not waive its defense of sovereign immunity. To the extent that Crane also argues that the admission by Pineland that it is subject to the Fair Labor Standards Act somehow defeats its immunity from suit for damages, that argument is baseless.

The summary judgment is

AFFIRMED.