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Wrongful termination lawsuit against Fort Valley State dismissed by federal judge

The decision was made because, according to the court, the Georgia Board of Regents can't be sued in this case under the "Sovereign Immunity" principle.

FORT VALLEY, Ga. — A lawsuit filed against Fort Valley State University by a disgruntled employee was tossed out on Thursday, a federal appeals court decided.

The 11th Circuit Court of Appeals rejected Taquila Monroe's suit against the university, in which she claimed she was wrongfully fired from the university's Head Start and Early Head Start program.

At the core of the decision to toss the case is the principle of "Sovereign Immunity." This legal concept essentially means that states — and state entities — can not be sued in federal court unless Congress passes a law to specifically allow a particular kind of lawsuit.

While Monroe alleges that she was fired after attempting to fix "persuasive, systematic problems in the structure of" the university's Head Start program, the 11th Circuit judges ruled that it didn't matter. 

They argue Congress hadn't opened up that avenue for Monroe to pursue this kind of lawsuit.

"The State of Georgia is responsible for judgments against the Board of Regents, and state law defines it as an arm of the State," the opinion read. "Thus, the two most important factors favor immunity." 

There are four criteria under the law for an entity to be considered an arm of the state: 1. how state law defines the entity. 2. what degree of control the state maintain over the entity 3. where the entity receives funding and 4. who is responsible for paying out a judgment against the entity.

Both the lower court, the U.S. Middle District of Georgia, and the 11th Circuit Court of Appeals found that all four criteria were met. 

The state considers the Board of Regents an arm of the state; the board is represented by appointees of the Governor; it is funded by the state of Georgia and Georgia taxpayers would be on the hook for any legal judgment against the Board of Regents.

Because of that, the court found that sovereign immunity applies to the Board of Regents, so Monroe simply could not sue. 

   

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