Edison v. Douberly

604 F.3d 1307, 23 Am. Disabilities Cas. (BNA) 136, 2010 U.S. App. LEXIS 8961, 2010 WL 1727472
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 30, 2010
Docket08-15819
StatusPublished
Cited by100 cases

This text of 604 F.3d 1307 (Edison v. Douberly) 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
Edison v. Douberly, 604 F.3d 1307, 23 Am. Disabilities Cas. (BNA) 136, 2010 U.S. App. LEXIS 8961, 2010 WL 1727472 (11th Cir. 2010).

Opinions

HILL, Circuit Judge:

Daron Edison, a prisoner in a Florida state prison, filed this action pro se, alleging violations of the American With Disabilities Act, 42 U.S.C. §§ 12101-12214 (the “ADA”). The district court granted summary judgment to defendants, and Edison appeals.

I.

Daron Edison brought this action against Timothy Douberly, Brenda Williams, and Timothy Lovell, alleging violations of Title II of the ADA by defendants in their “official capacities” as employees of GEO Care Group, Inc., (“GEO”), a private prison management corporation operating a Florida state prison. Edison sought injunctive relief and damages as the result of defendants’ alleged violations of Title II, which prohibits a “public entity” from discriminating against qualified individuals with disabilities because of their disabilities. 42 U.S.C. § 12132.

Only public entities are liable for violations of Title II of the ADA. 42 U.S.C. § 12131. Pa. Dept. of Corr. v. Yeskey, 524 U.S. 206, 210, 118 S.Ct. 1952, 141 L.Ed.2d 215 (1998). The district court granted summary judgment to defendants on the grounds that GEO is not a public entity and, therefore, not liable under the statute.1 It is to this question we now turn.

II.

Edison contends that GEO is a public entity under the ADA because Section 12131(1)(B) of the statute defines a public entity, in part, as an “instrumentality of a State.” Edison bolsters his contention by application of traditional canons of statutory interpretation to the term “instrumentality of a State.”

We agree with this approach to interpreting the term instrumentality of a State. In fact, we agree with the Court of Appeals for the Second Circuit that interpretation of the ADA’s use of the term “instrumentality of a State” is entirely controlled by the statutory language itself. Green v. New York, 465 F.3d 65, 78-79 (2d Cir.2006).

In Green, the plaintiff alleged that a private hospital was a public entity for purposes of the ADA because it carried out a public function pursuant to a contract [1309]*1309with New York City to provide certain services. Id. at 78. The Second Circuit, however, said that the plaintiffs theory “failed to grapple with the actual words of the statute.” Id.

The court observed that, under the rules of statutory interpretation, the term “public entity” must be given its plain meaning, and, if those words are susceptible to more than one such meaning, their interpretation must be guided by the canons of statutory construction. Id.2 Courts are not free, and may not elect, to adopt other interpretations of statutory language and expand the reach of a statute merely because some might find it desirable.

With these limitations in mind, the Second Circuit looked to the definitions section of Title II. That section defines “public entity” to mean “any department, agency, special purpose district, or other instrumentality of a State or States or local government.” 42 U.S.C. § 12131(1)(B). The court, reasoned, therefore, that the private hospital there could be a public entity only if it were an “instrumentality of a State,” as it fit no other statutory category.3 Id. The question, then, is what does the statute mean by the words “instrumentality of a State.” Id.

“Instrumentality,” the Second Circuit observed, is a word susceptible of more than one meaning. Id. at 79. Turning then to the canons of statutory construction, the court noted that under the canon noscitur a sociis, “a word is known by the company it keeps.” Id. (citing Jarecki v. G.D. Searle & Co., 367 U.S. 303, 307, 81 S.Ct. 1579, 6 L.Ed.2d 859 (1961)) (although noscitur a sociis is not an inescapable rule, “it is often wisely applied where a word is capable of many meanings in order to avoid the giving of unintended breadth to the Acts of Congress”).

The “company” which “instrumentality” keeps in this definition of public entity include the words “department, agency, and special purpose district.” The court noted that all of these words are qualified by the remaining words in the definition— “of a State or States or local government.” Green, 465 F.3d at 79. Agencies and departments are units of a governmental entity. A special purpose district (in New York, as well as in Florida) is set up to serve the special needs of a governmental entity, such as water conservation. The defining characteristic of all of these entities is that they are either traditional governmental units or created by one. Thus, the Second Circuit concluded, the words “instrumentality of a State” were intended to refer, as do all the other words around them, to a governmental unit. Id.4

The private hospital in Green was not such a governmental unit, the court concluded. Nor was it created by a govern[1310]*1310mental entity. Instead, “it is a parallel private entity.” Id. Even where such a private entity contracts with a government to perform a traditional and essential government function, it remains a private company, not a public entity. A private contractor does not, the court held, become liable under Title II merely by contracting with the State to provide governmental services, essential or otherwise. Id. The Second Circuit affirmed the district court’s dismissal of the private hospital.

We too have long recognized that our authority to interpret statutory language is constrained by the plain meaning of the statutory language in the context of the entire statute, as assisted by the canons of statutory construction. Nguyen v. United States, 556 F.3d 1244, 1252-57 (11th Cir.2009); Shotz v. City of Plantation, Fla., 344 F.3d 1161, 1167 (11th Cir. 2003). We have affirmed many times that we do not look at one word or term in isolation but rather look to the entire statute and its context. See United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006). Our job in this case, then, is to interpret the ADA’s use of the words “instrumentality of a State” in a manner consistent with their plain meaning and context, and in this endeavor we are persuaded that the Second Circuit has “got it right.” We, too, hold that the term “instrumentality of a State” refers to governmental units or units created by them.

All of the courts that have considered this question have come to the same conclusion. In Cox v. Jackson,

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604 F.3d 1307, 23 Am. Disabilities Cas. (BNA) 136, 2010 U.S. App. LEXIS 8961, 2010 WL 1727472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edison-v-douberly-ca11-2010.