Virginia Office for Protection & Advocacy v. Stewart

179 L. Ed. 2d 675, 131 S. Ct. 1632, 563 U.S. 247, 22 Fla. L. Weekly Fed. S 935, 2011 U.S. LEXIS 3186, 79 U.S.L.W. 4253
CourtSupreme Court of the United States
DecidedApril 19, 2011
DocketNo. 09-529
StatusPublished
Cited by46 cases

This text of 179 L. Ed. 2d 675 (Virginia Office for Protection & Advocacy v. Stewart) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia Office for Protection & Advocacy v. Stewart, 179 L. Ed. 2d 675, 131 S. Ct. 1632, 563 U.S. 247, 22 Fla. L. Weekly Fed. S 935, 2011 U.S. LEXIS 3186, 79 U.S.L.W. 4253 (U.S. 2011).

Opinions

[683]*683OPINION OF THE COURT

[563 U.S. 250]

Justice Scalia

delivered the opinion of the Court.

We consider whether Ex parte Young, 209 U.S. 123, 28 S. Ct. 441, 52 L. Ed. 714 (1908), allows a federal court to hear a lawsuit for prospective relief against state officials brought by another agency of the same State.

I

A

The Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act), 114 Stat. 1677, 42 U.S.C. § 15001 et seq., offers States federal money to improve community services, such as medical care and job training, for individuals with developmental disabilities. See §§ 15023(a), 15024. As a condition of that funding, a State must establish a protection and advocacy (P) system “to protect and advocate the rights of individuals with developmental disabilities.” § 15043(a)(1). The P system receives separate federal funds, paid to it directly. § 15042(a) and (b). A second federal law, the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), 100 Stat. 478, 42 U.S.C. § 10801 et seq., increases that separate funding and extends the mission of P systems to include the mentally ill. §§ 10802(2), 10803, 10827. At present, every State accepts funds under these statutes.

Under the DD and PAIMI Acts, a P system must have certain powers. The system “shall... have the authority to investigate incidents of abuse and neglect ... if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.” § 15043(a)(2)(B); § 10805(a)(1)(A). Subject to certain statutory requirements, it must be given access to “all records” of individuals who

[563 U.S. 251]

may have been abused, see § 15043(a)(2)(I)(iii)(II); § 10805(a)(4)(B)(iii), as well as “other records that are relevant to conducting an investigation,” § 15043(a)(2)(J)(i). The Acts also require that a P system have authority to “pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of’ its charges. § 15043(a)(2)(A)(i); see § 10805(a)(1)(B). And in addition to pressing its own rights, a P system may “pursue administrative, legal, and other remedies on behalf of’ those it protects. § 10805(a)(1)(C); see § 15044(b).

A participating State is free to appoint either a state agency or a private nonprofit entity as its P system. § 15044(a); § 10805(c)(1)(B). But in either case, the designated entity must have certain structural features that ensure its independence from the State’s government. The DD Act prohibits the Governor from appointing more than one-third of the members of the system’s governing board, § 15044(a)(2), and restricts the State’s ability to impose hiring freezes or other measures that would impair the system’s ability to carry out its mission, § 15043(a)(2)(K). Once a State designates an entity as its P system, it may not change its selection without “good cause.” § 15043(a)(4)(A).

Virginia is one of just eight States that have designated a government entity as their P system. The Virginia Office for Protection and Advocacy (VOPA) is an “independent state agency.” Va. Code Ann. § 51.5-39.2(A) (Lexis 2009). Its board consists of eleven “nonlegislative citizen mem[684]*684bers,” of whom only three are appointed by the Governor. § 51.5-39.2(B). The remaining eight are appointed by components of the legislature: five by the Speaker of the House of Delegates, and three by the Senate Committee on Rules. Ibid. VOPA itself nominates candidates for consideration, and the statute instructs the appointing officials that they “shall seriously consider the persons nominated and appoint such persons whenever feasible.” Ibid. Board members serve for fixed terms and are removable only by a court and only for

[563 U.S. 252]

specified reasons. See § 51.5-39.2(0 and (F); §24.2-233 and 234 (Lexis 2006).

VOPA enjoys authority to litigate free of executive-branch oversight. It operates independently of the Attorney General of Virginia and employs its own lawyers, who are statutorily authorized to sue on VOPA’s behalf. § 51.5—39.2(A); §2.2-510(5) (Lexis 2008). And Virginia law specifically empowers VOPA to “initiate any proceedings to secure the rights” of disabled individuals. § 51.5-39.2(A).

B

In 2006, VOPA opened an investigation into the deaths of two patients and injuries to a third at state-run mental hospitals. It asked respondents—state officials in charge of those institutions—to produce any records related to risk-management or mortality reviews conducted by the hospitals with respect to those patients. Respondents refused, asserting that the records were protected by a state-law privilege shielding medical peer-review materials from disclosure.

VOPA then brought this action in the United States District Court for the Eastern District of Virginia, alleging that the DD and PAIMI Acts entitled it to the peer-review records, notwithstanding any state-law privilege that might apply. It sought a declaration that respondents’ refusal to produce the records violated the DD and PAIMI Acts, along with an injunction requiring respondents to provide access to the records and refrain in the future from interfering with VOPA’s right of access to them. Respondents moved to dismiss the action on the grounds that they are immune from suit under the Eleventh Amendment. The District Court denied the motion. In its view, the suit was permitted by the doctrine of Ex parte Young, which normally allows federal courts to award prospective relief against state officials for violations of federal law. Virginia v. Reinhard, 2008 WL 2795940, *6 (ED Va., July 18, 2008).

[563 U.S. 253]

The Court of Appeals reversed. Virginia v. Reinhard, 568 F.3d 110 (CA4 2009). Believing VOPA’s lawsuit to be an “intramural contest” that “encroaches more severely on the dignity and sovereignty of the states than an Ex parte Young action brought by a private plaintiff,” the Court of Appeals concluded it was not authorized by that case. Id., at 119-120 (internal quotation marks omitted).

We granted certiorari. 561 U.S. 1005, 130 S. Ct. 3493, 177 L. Ed. 2d 1054 (2010).

II

Sovereign immunity is the privilege of the sovereign not to be sued without its consent. The language of [685]*685the Eleventh Amendment1 only eliminates the basis for our judgment in the famous case of Chisholm v. Georgia, 2 Dall. 419, 1 L. Ed. 440 (1793), which involved a suit against a State by a noncitizen of the State. Since Hans v. Louisiana, 134 U.S. 1, 10 S. Ct. 504, 33 L. Ed. 842 (1890), however, we have understood the Eleventh Amendment to confirm the structural understanding that States entered the Union with their sovereign immunity intact, unlimited by Article Ill’s jurisdictional grant. Blatchford v. Native Village of Noatak, 501 U.S. 775, 779, 111 S. Ct.

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179 L. Ed. 2d 675, 131 S. Ct. 1632, 563 U.S. 247, 22 Fla. L. Weekly Fed. S 935, 2011 U.S. LEXIS 3186, 79 U.S.L.W. 4253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-office-for-protection-advocacy-v-stewart-scotus-2011.