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Sturdevant v. Paulsen

218 F.3d 1160 (2000)

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Sturdevant v. Paulsen

United States Court of Appeals for the Tenth Circuit
218 F.3d 1160 (2000)

Facts

Katherine Sturdevant (plaintiff) was a full-time history instructor at a Colorado community college. She was terminated from her position and filed a wrongful-termination claim in federal court against the Colorado State Board for Community Colleges and Occupational Education (the board) (defendant). The board’s purpose was to develop and establish state policy for occupational education in the state’s community colleges. Thus, it operated with the same powers and duties as boards of higher-education institutions. In addition, the governor appointed 11 of the 13 members of the board. The board asserted state immunity from suit in federal court under the Eleventh Amendment to the United States Constitution. The district court denied immunity to the board, finding that it was a political subdivision rather than an arm of the state or alter ego. The board filed an interlocutory appeal, arguing that it was an alter ego of the state and was thus an arm of the state for purposes of the Eleventh Amendment.

Rule of Law

Issue

Holding and Reasoning (Lucero, J.)

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