Robert Hall v. Medical College of Ohio at Toledo

742 F.2d 299, 19 Educ. L. Rep. 917, 1984 U.S. App. LEXIS 19125
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 28, 1984
Docket83-3256
StatusPublished
Cited by170 cases

This text of 742 F.2d 299 (Robert Hall v. Medical College of Ohio at Toledo) 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
Robert Hall v. Medical College of Ohio at Toledo, 742 F.2d 299, 19 Educ. L. Rep. 917, 1984 U.S. App. LEXIS 19125 (6th Cir. 1984).

Opinions

WEICK, Senior Circuit Judge.

Robert Hall, Plaintiff-Appellant, has appealed to this Court from a summary judgment of the Federal District Court for the Northern District of Ohio, Western Division, dismissing his civil rights complaint which he has filed against the Medical College of Ohio at Toledo (MCO) and its administrative and faculty personnel. In that complaint, Hall sought damages and reinstatement as a medical student of the College, following his dismissal therefrom on June 26, 1978, for academic dishonesty, af[301]*301ter notice of the charges and hearing thereon and an administrative appeal. Hall alleged racial discrimination by MCO and its personnel, in violation of 42 U.S.C. §§ 1981, 1983, and 2000d, and a violation of his constitutional due process rights.

Hall filed a motion for partial summary judgment, and MCO and its personnel also filed a motion for summary judgment. The District Court, in a carefully prepared opinion and order, denied Hall’s motion for partial summary judgment and granted the defendants’ motion for summary judgment. The court held that MCO is an agency, arm and alter ego of the State of Ohio, and that suit against the school and its officers is barred by the Eleventh Amendment to the United States Constitution, which provides as follows:

The 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.

With respect to the school personnel, the court held that they had a complete defense of qualified immunity from personal liability for damages for acts performed within the scope of their official duties. Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975). The court then entered judgment dismissing Hall's entire complaint, including his claim for reinstatement.

The appeal has been heard by this Court on the briefs, appendices and arguments of counsel. For the reasons stated, we affirm the judgment of the District Court.

I

Eleventh Amendment

A

A suit by a private party which, for past acts or omissions, seeks to impose legal or equitable liability payable from state funds, is barred in a federal court by the Eleventh Amendment. Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). This is so even when only individual state officials are the nominal defendants but the state is the real, substantial party in interest. Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 464, 65 S.Ct. 347, 350, 89 L.Ed. 389 (1945).

When an action is brought against a public agency or institution, and/or the officials thereof, the application of the Eleventh Amendment turns on whether said agency or institution can be characterized as an arm or alter ego of the state, or whether it should be treated instead as a political subdivision of the state. Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 280, 97 S.Ct. 568, 572, 50 L.Ed.2d 471 (1977). Municipalities, counties and other political subdivisions (e.g., public school districts) do not partake of the state’s Eleventh Amendment immunity. Id.; Lincoln County v. Luning, 133 U.S. 529, 530, 10 S.Ct. 363, 33 L.Ed. 766 (1890). See also Lake Country Estates v. Tahoe Regional Planning Agency, 440 U.S. 391, 401, 99 S.Ct. 1171, 1177, 59 L.Ed.2d 401 (1979). Therefore, the question here is whether MCO can be considered an “arm” or “alter ego” of the State of Ohio, entitled to the immunity afforded by the Eleventh Amendment, or whether it is merely a political subdivision-which enjoys no such immunity.

The great majority of cases addressing the question of Eleventh Amendment immunity for public colleges and universities have found such institutions to be arms of their respective state governments and thus immune from suit. See, United Carolina Bank v. Board of Regents, 665 F.2d 553 (5th Cir.1982) (Stephen F. Austin State University in Texas); Rutledge v. Arizona Board of Regents, 660 F.2d 1345 (9th Cir. 1981) (Arizona State University), aff'd sub nom. Kush v. Rutledge, 460 U.S. 719, 103 S.Ct. 1483, 75 L.Ed.2d 413 (1983); Perez v. Rodriquez Bou, 575 F.2d 21 (1st Cir.1978) (University of Puerto Rico); Jagnandan v. Giles, 538 F.2d 1166 (5th Cir.1976) (Mississippi State University), cert. denied, 432 U.S. 910, 97 S.Ct. 2959, 53 L.Ed.2d 1083 [302]*302(1977); Prebble v. Brodrick, 535 F.2d 605 (10th Cir.1976) (University of Wyoming); Long v. Richardson, 525 F.2d 74 (6th Cir. 1975) (Memphis State University); Brennan v. University of Kansas, 451 F.2d 1287 (10th Cir.1971); Walstad v. University of Minnesota Hospitals, 442 F.2d 634 (8th Cir.1971); Moxley v. Vernot, 555 F.Supp. 554 (S.D.Ohio 1982) (University of California at Irvine); Vaughn v. Regents of University of California, 504 F.Supp. 1349 (E.D.Cal.1981); Weisbord v. Michigan State University, 495 F.Supp. 1347 (W.D. Mich.1980); An-ti Chai v. Michigan Technological University, 493 F.Supp. 1137 (W.D.Mich.1980); Zentgraf v. Texas A & M University, 492 F.Supp. 265 (S.D.Tex.1980); Bailey v. Ohio State University, 487 F.Supp. 601 (S.D.Ohio 1980); Henry v. Texas Tech University, 466 F.Supp. 141 (N.D. Tex.1979). But see Goss v. San Jacinto Junior College, 588 F.2d 96 (5th Cir.1979); Dyson v. Lavery, 417 F.Supp. 103 (E.D.Va. 1976) (Virginia Polytechnic Institute); Gordenstein v. University of Delaware, 381 F.Supp. 718 (D.Del.1974); Samuel v. University of Pittsburgh, 375 F.Supp. 1119 (W.D.Pa.1974), aff'd in part, rev’d in part, 538 F.2d 991 (3d Cir.1976). However, “[e]ach state university exists in a unique governmental context, and each must be considered on the basis of its own peculiar circumstances.” Soni v. Board of Trustees, 513 F.2d 347, 352 (6th Cir.1975), cert. denied, 426 U.S. 919, 96 S.Ct. 2623, 49 L.Ed.2d 372 (1976).

The District Court, in determining that MCO is an arm of the state, employed the two-pronged analysis set forth in Unified School District No. 480 v. Epperson,

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Bluebook (online)
742 F.2d 299, 19 Educ. L. Rep. 917, 1984 U.S. App. LEXIS 19125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-hall-v-medical-college-of-ohio-at-toledo-ca6-1984.