Crawford v. Davis

109 F.3d 1281, 70 Empl. Prac. Dec. (CCH) 44,579
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 27, 1997
DocketNo. 96-1464
StatusPublished
Cited by64 cases

This text of 109 F.3d 1281 (Crawford v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. Davis, 109 F.3d 1281, 70 Empl. Prac. Dec. (CCH) 44,579 (8th Cir. 1997).

Opinion

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Certain defendants in a sexual harassment lawsuit appeal the district court’s denial of their summary judgment motions. We affirm in part and reverse in part.

I.

In September, 1994, a series of incidents occurred that Michelle Crawford believes constituted “quid pro quo ” sexual harassment of her by Michael Davis, one of her instructors at the University of Central Arkansas (“UCA”). After turning to several other professors at UCA for help and after filing, an informal complaint against Mr. Davis, Ms. Crawford ultimately initiated a formal grievance under UCA’s sexual harassment policy. The University Sexual Harassment Committee heard her grievance and recommended to Winfred Thompson, UCA’s president, that Mr. Davis’s employment be terminated. Although Dr. Thompson accepted this recommendation and fired Mr. Davis, Ms. Crawford remained unhappy with UCA’s resolution of her complaint.

Ms. Crawford then filed suit under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, see 20 U.S.C. §§ 1681— 1688, against UCA, Dr. Thompson in his official capacity, Ron Williams (Dr. Thompson’s assistant) in both his individual and official capacities, and Mr. Davis in both his individual and official capacities. She advanced an array of liability theories based on Title IX and equal protection principles, only three of which concern us here. Ms. Crawford first contends that UCA and its officials are strictly liable for Mr. Davis’s actions under the theory of respondeat superior. She also asserts what we call a “failure-to-train” claim, that is, that UCA and its officials are liable because they failed to ensure that UCA’s sexual harassment policy was known to its employees. Ms. Crawford last contends that UCA and its officials were participants in the harassment because of the manner in which they handled her complaints and grievances.

Asserting Eleventh Amendment immunity and qualified immunity, the defendants moved for summary judgment, which the district court granted in part and denied in part. After the court’s order, three sets of claims, based on the liability theories discussed above, remained: § 1983 claims for injunctive relief against UCA and defendants Williams and Thompson in their official capacities, § 1983 claims for monetary damages against defendants Williams and Davis in their individual capacities, and a Title IX claim against UCA and defendants Williams, Thompson, and Davis in their official capacities. UCA and defendants Williams and Thompson in their official capacities appeal the denial of Eleventh Amendment immunity and qualified immunity with respect to these remaining causes of action. We have jurisdiction to hear such appeals pursuant to Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985).

II.

A.

We must first resolve the defendants’ contention, under Seminole Tribe of Florida v. Florida, — U.S. -, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), that the Eleventh Amendment deprives us of jurisdiction to hear Ms. Crawford’s claims. In Seminole Tribe, the Supreme Court examined Congress’s power to abrogate the states’ Eleventh Amendment immunity and concluded that Congress may do so if it unequivocally expresses its intent to do so, id. at-, 116 S.Ct. at 1123, and if it legislates “pursuant to a constitutional provision granting Congress [1283]*1283the power to abrogate,” id. at-, 116 S.Ct. at 1125. Because Congress need not expressly invoke the authority of a specific constitutional provision to act pursuant to it, see EEOC v. Wyoming, 460 U.S. 226, 243-44 n. 18, 103 S.Ct. 1054, 1064 n. 18, 75 L.Ed.2d 18 (1983), and Woods v. Cloyd W. Miller Co., 333 U.S. 138, 144, 68 S.Ct. 421, 424, 92 L.Ed. 596 (1948), we believe that the latter condition requires us to make an objective inquiry, namely, whether Congress could have enacted the legislation at issue pursuant to a constitutional provision granting it the power to abrogate. As long as Congress had such authority as an objective matter, whether it also had the specific intent to legislate pursuant to that authority is irrelevant.

By overruling Pennsylvania v. Union Gas Co., 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1 (1989), which held that the Interstate Commerce Clause (like § 5 of the Fourteenth Amendment) granted Congress the power to abrogate the states’ Eleventh Amendment immunity, the Court in Seminole Tribe, — U.S. at -, 116 S.Ct. at 1128, limited solely to § 5 of the Fourteenth Amendment the authority of Congress to abrogate the states’ Eleventh Amendment immunity. The defendants contend that Congress enacted Title IX pursuant to the Spending Clause, and therefore that § 5 does not give it the ability to abrogate the states’ immunity to Title IX claims. We disagree.

We note at the outset that Congress has unequivocally expressed its intent to abrogate the states’ Eleventh Amendment immunity for Title IX claims, see 42 U.S.C. § 2000d-7(a)(l), and Egerdahl v. Hibbing Community College, 72 F.3d 615, 619 (8th Cir.1995), thus satisfying the first requirement of Seminole Tribe. The resolution of the defendants’ contention therefore turns on whether Congress, as an objective matter, could have enacted Title IX pursuant to § 5 of the Fourteenth Amendment. See Wyoming, 460 U.S. at 243-44 n. 18, 103 S.Ct. at 1064 n. 18, and Timmer v. Michigan Dep’t of Commerce, 104 F.3d 833, 840-42 (6th Cir. 1997) (applying Seminole Tribe to the Equal Pay Act).

Section 5 of the Fourteenth Amendment expressly grants Congress broad authority to

enforce the amendment’s substantive provisions “by appropriate legislation.” U.S. Const, amend. XIV, § 5; see also Fitzpatrick v. Bitzer, 427 U.S. 445, 456, 96 S.Ct. 2666, 2671, 49 L.Ed.2d 614 (1976). Because the Supreme Court has repeatedly held that those substantive provisions proscribe gender discrimination in education, see, e.g., United States v. Virginia, — U.S. -, 116 S.Ct. 2264, 135 L.Ed.2d 735 (1996), we are unable to understand how a statute enacted specifically to combat such discrimination could fall outside the authority granted to Congress by § 5.

B.

We next address the defendants’ argument that Title IX subsumes Ms. Crawford’s § 1983 claims because of the holding in Middlesex County Sewerage Auth. v. Nat’l Sea Clammers Ass’n, 453 U.S. 1, 20, 101 S.Ct.

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Bluebook (online)
109 F.3d 1281, 70 Empl. Prac. Dec. (CCH) 44,579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-davis-ca8-1997.