Trial lawyers specializing in personal injury and civil litigation
State Agency denied 11th Amendment immunity
The Sixth Circuit ruled this week that the Hamilton County Department of
Job and Family Services was not entitled to 11th Amendment immunity
from civil rights claims. The Court applied the four factors deemed
applicable to determining whether the Agency is an "arm" of the state
for 11th Amendment purposes. It emphasized in particular the cardinal
test of payment responsibility: It concluded that the State was not
obligated to pay any judgment entered against the County Department,
even though it was likely to reimburse the Agency as a cost of
administering its Medicaid program. Therefore, the 11th Amendment did
not confer immunity. The case is Lowe v. Hamilton County
Dep't of Job & Family Services.