Jackson v. The Ohio State University Wexner Medical Center

• Court: District Court, S.D. Ohio
• Decided: July 9, 2025
• Docket: 2:24-cv-04089
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

ALLEGRA JACKSON,

Plaintiff, :

Case No. 2:24-cv-4089 v. Chief Judge Sarah D. Morrison

Magistrate Judge Kimberly A.

Jolson THE OHIO STATE UNIVERSITY WEXNER MEDICAL CENTER, :

Defendant.

OPINION AND ORDER This matter is before the Court on The Ohio State University Wexner Medical Center’s (WMC) Motion for Partial Judgment on the Pleadings as to Count II of Allegra Jackson’s Amended Complaint. For the reasons below, WMC’s Motion is GRANTED. I. BACKGROUND Ms. Jackson, who is African American and over the age of 40, is a registered nurse who at all relevant times was employed by WMC. (Am. Compl. ¶¶ 4, 8, ECF No. 24.) After WMC hired a younger, less experienced, white woman to fill an RN position that Ms. Jackson applied and interviewed for, she submitted charges of unlawful race and age discrimination to the EEOC and received a Notice of Right to Sue. (Am. Compl. ¶¶ 21–31.) Ms. Jackson then filed her Complaint against WMC in this Court, alleging race discrimination in violation of Title VII and age discrimination in violation of the Age Discrimination Employment Act of 1967 (ADEA). WMC moved for judgment on the pleadings as to Ms. Jackson’s ADEA claim,

arguing that it is protected by sovereign immunity. (Mot. J. Pleadings, ECF No. 17.) Ms. Jackson moved to amend her Complaint, substituting her ADEA claim for an age discrimination claim under Ohio Revised Code §§ 4112.02 and 4112.14. (Mot. to Amend, ECF No. 20.) The Court granted the motion. (Order, ECF No. 23.) WMC filed its Answer to Ms. Jackson’s Amended Complaint, and again moved for judgment on the pleadings as to Count II, the Ohio law claim, arguing that it is protected by sovereign immunity as to that claim. (Mot. J. Pleadings, ECF No. 28.)

Ms. Jackson did not respond to WMC’s Motion. The matter is now ripe for consideration. II. ANALYSIS Eleventh Amendment immunity, or sovereign immunity, prevents Ohio citizens from suing the State, or arms of the State, in federal court unless Congress has explicitly abrogated the immunity or Ohio has waived it. Dendinger v. Ohio, 207 F. App’x 521, 529 (6th Cir. 2006). Congress has not abrogated, and Ohio has not

waived its sovereign immunity to state law claims, including claims for violations of Ohio Rev. Code § 4112 et seq. McCormick v. Miami Univ., 693 F.3d 654, 664 (6th Cir. 2012). WMC, which is part of The Ohio State University, is considered an arm of the State. Matteson v. Ohio State Univ., No. C2-99-1267, 2000 WL 1456988, at *3 (S.D. Ohio Sept. 27, 2000) (Marbley, J.). It cannot be sued in this Court for violations of Ohio law. III. CONCLUSION Per the foregoing analysis, WMC’s Motion is GRANTED.

IT IS SO ORDERED.

/s/ Sarah D. Morrison SARAH D. MORRISON, CHIEF JUDGE UNITED STATES DISTRICT COURT