Kelley v. Metropolitan County Board of Education

836 F.2d 986
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 15, 1988
DocketNos. 85-5837, 85-5838
StatusPublished
Cited by6 cases

This text of 836 F.2d 986 (Kelley v. Metropolitan County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelley v. Metropolitan County Board of Education, 836 F.2d 986 (6th Cir. 1988).

Opinion

DAVID A. NELSON, Circuit Judge.

This case originated in 1955 as a desegregation action brought by a group of black school children and their parents against the school board of Nashville, Tennessee. A similar action was filed in 1960 against the board of education of Davidson County, in which Nashville is located. The actions were consolidated, and the original defendants were replaced by the Metropolitan County Board of Education of Nashville and Davidson County, Tennessee (“Metro”). The subsequent history of the litigation is well set out in the district court’s opinion, reported at 615 F.Supp. 1139 (M.D. Tenn.1985), and in an earlier opinion reported at 492 F.Supp. 167 (M.D.Tenn.1980); we shall not repeat the story here.

The present dispute began in 1981 — some 26 years after the start of the lawsuit— when Metro filed a third-party complaint against the State of Tennessee, the state board of education, and certain state officials. As amended in 1983, the third-party complaint asked, in essence, that the state be required to pay the full cost of implementing the desegregation remedies ordered by the district court in 1971 and subsequent years.

Metro moved for partial summary judgment on its third-party complaint. In disposing of that motion the district court held that “a retroactive award for costs already sustained” would be prohibited by the Eleventh Amendment of the United States Constitution. 615 F.Supp. at 1147. Finding no constitutional impediment to an award of relief prospectively from the date on which the third-party complaint was filed, how[988]*988ever, the court entered an order reading as follows:

“The State of Tennessee and state officials named as defendants shall be enjoined from refusing to carry out their duty to participate in the elimination of the vestiges of past discrimination in the State’s public education system. To insure compliance with the injunction, the Court orders the State to assume sixty percent (60%) of the costs directly attributable to Metro’s desegregation program from and after the date of the filing of this petition on March 16, 1981...”

The state and the other third-party defendants appeal from that order, arguing, among other things, that it violates the principle of sovereign immunity. Metro cross-appeals, contending that the state ought to be held responsible not only for costs incurred from and after the filing of the third-party complaint, but also for costs incurred in the decade before. The original plaintiffs are not parties to either appeal.

Having concluded that the federal courts would not be justified in shifting any of the costs in question from Metro to the State of Tennessee, we shall reverse the district court’s order, deny the cross-appeal, and direct that judgment be entered in favor of the state and the other third-party defendants.

I

The Eleventh Amendment provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” This language does not, by its terms, insulate a state from suit by its own citizens. The Supreme Court of the United States has long held, however, that such suits are barred unless the state has consented to be sued. Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890). Adoption of the Eleventh Amendment, the Supreme Court has declared, constituted an “affirmation that the fundamental principle of sovereign immunity limits the grant of [federal] judicial authority in Art. Ill” regardless of the plaintiff’s citizenship. Pennhurst State School & Hospital v. Halderman, 465 U.S. 89, 98, 104 S.Ct. 900, 906, 79 L.Ed.2d 67 (1984); cf. Ex parte New York, 256 U.S. 490, 497, 41 S.Ct. 588, 589, 65 L.Ed. 1057 (1921).1

The principle of sovereign immunity is a “broad” principle, as well as a fundamental one. Welch v. State Dep’t of Highways, 483 U.S. -, 107 S.Ct. 2941, 2952, 97 L.Ed.2d 389, 404 (1987). And that broad fundamental principle, as Justice Powell wrote in Welch, “has been among the most stable in our constitutional jurisprudence.” Id., 483 U.S. at -, 107 S.Ct. at 2952, 97 L,Ed.2d at 405. It constitutes “an absolute bar” to a state’s being sued by its own citizens, among others, Monaco v. Mississippi, 292 U.S. 313, 329, 54 S.Ct. 745, 750, 78 L.Ed. 1282 (1934)—and if a state cannot be sued by its own citizens, a fortiori it cannot be sued by its own political subdivisions, which are creatures of the state and exist only at the state’s sufferance.

The State of Tennessee is not the only third-party defendant in the case at bar, of course, but a long line of Supreme Court decisions teaches that “when the action is in essence one for the recovery of [989]*989money from the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign immunity from suit even though individual officials are nominal defendants.” Ford Motor Co. v. Department of Treasury of Indiana, 323 U.S. 459, 464, 65 S.Ct. 347, 350, 89 L.Ed. 389 (1945), as quoted and followed in Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 1356, 39 L.Ed.2d 662 (1974). Although Edelman was a suit against individual officers, as the Supreme Court subsequently explained, “the case was in effect a suit against the State itself because a judgment payable from state funds was demanded.” Cory v. White, 457 U.S. 85, 90, 102 S.Ct. 2325, 2328, 72 L.Ed.2d 694 (1982).

The third-party action brought by Metro against the State of Tennessee and its officials is essentially one for the recovery of money from the state, and the presence of individual officials as nominal third-party defendants cannot make of the action something it is not. The “absolute bar” of sovereign immunity therefore applies. The applicability of the bar of sovereign immunity simply is not affected by the circumstance that the nominal defendant is an individual state official, Ford Motor Co., supra, any more than it is affected by the circumstance that the relief sought is equitable rather than legal in nature, Papason v. Attain, 478 U.S. 265, -, 106 S.Ct. 2932, 2939-40, 92 L.Ed.2d 209, 226 (1986), or the circumstance that the case is one in which a federal constitutional violation is alleged. Pennkurst, supra; Edelman, supra.

It is true that the constitutional provision that was violated by the State of Tennessee (and by Metro’s predecessors) is the Equal Protection Clause of the Fourteenth Amendment, and not, as in Hans v. Louisiana, the Contract Clause of the original Constitution. If the nature of the constitutional violation makes any difference, however, it cuts in favor of respecting the state’s sovereign immunity in this case. Although it remains to be decided whether Congress has the power to abrogate the states’ immunity from lawsuits in which a violation of the original Constitution is alleged (see Welch, 483 U.S. at -, 107 S.Ct. at 2946, 97 L.Ed.2d at 397), it is clear that “Congress can

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Bluebook (online)
836 F.2d 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-metropolitan-county-board-of-education-ca6-1988.