Donna Jean Wilson v. Board of Supervisors of Louisiana State University Agricultural and Mechanical College d/b/a LSU Medical School of New Orleans

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT DONNA JEAN WILSON NO. 2019 CW 1328

VERSUS

BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY

AGRICULTURAL AND MECHANICAL COLLEGE D/ B/ A LSU MEDICAL JAN 0 61020

SCHOOL OF NEW ORLEANS

In Re: The Board of Supervisors of Louisiana State University Agricultural and Mechanical College D/ B/ A LSU Medical

School of New Orleans, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton

Rouge, No. 609, 971.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, l JJ.

WRIT GRANTED. The trial court' s September 12, 2019 ruling which denied the exception of lack of subject matter

jurisdiction filed by defendant, the Board of Supervisors of

Louisiana State University Agricultural and Mechanical College, is reversed. The State of Louisiana has not waived its sovereign immunity from claims predicated upon Title I of the Americans with Disabilities Act. SeeReed- Salsberry v. State

Through the Department of Public Safety and Corrections, 51, 104 La. App. 2d Cir. 2/ 15/ 17), 216 Sc. 3d 226, writ denied, 2017- 0494 ( La. 5/ 26/ 17), 221 So. 3d 81; Holliday v. Board of

Supervisors of LSU Agricultural and Mechanical College, 2014- 0585 ( La. 10/ 15/ 14), 149 So. 3d 227. Moreover, we find no

unequivocal waiver of sovereign immunity by defendant' s actions herein or the adoption of similar policies and procedures. Accordingly, the exception of lack of subject matter jurisdiction is granted, and plaintiff' s claims asserted under the Americans with Disabilities Act are dismissed.

VGW

JMG

WJB

COURT OF APPEAL, FIRST CIRCUIT

f r

DEPUTYCLERKOF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.