United States Eighth Circuit

Dismissal of plaintiff's pro se Title VII employment discrimination and Family and Medical Leave Act (FMLA) action against a habilitation center is affirmed in part and reversed in part where: 1) as an agency of the state, defendant was entitled to immunity on the FMLA claim; but 2) the court erred in dismissing plaintiff's Title VII claim for failing to exhaust her administrative remedies, as this is an affirmative defense, and defendant did not challenge plaintiff's statement in her complaint that she had exhausted her remedies.

Appellate Information

• Decided 04/12/2007
• Published 04/12/2007

Judges

• PER CURIAM., Before RILEY, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer Miles, St. Louis, MO, pro se.


• For Appellees:
  
• Denise Leanne Thomas, and Michael S. Meyers, Asst. Atty. Generals, St. Louis, MO, for appellee.