United States Second Circuit

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Leitner v. Westchester Community College, 14‐1042

In this case, plaintiff was an adjunct professor at defendant Westchester Community College, a community college in the State University of New York system. Plaintiff was fired, purportedly for making offensive comments in class, and she sued, claiming that defendants violated her state and federal constitutional rights. Order of the district court granting in part and denying in part defendants' motion to dismiss on grounds that defendants were not entitled to sovereign immunity under the Eleventh Amendment is affirmed, where: 1) a finding of sovereign immunity would not serve the twin aims of the Eleventh Amendment, as immunity would not further the states interest in preserving its treasury, nor would it protect the integrity of the state; and 2) accordingly, Westchester Community College is not an arm of the state entitled to sovereign immunity under the Eleventh Amendment.

Appellate Information

  • Decided 02/25/2015
  • Published 02/25/2015

Judges

  • Chin

Court

  • United States Second Circuit

Counsel