Opinion

Coger v. Bd of Regents of the

Court
Court of Appeals for the Sixth Circuit
Filed
Apr 4, 2000
Status
Published
Cited by
0 cases
Authority
More cited than 39.0%

The opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION

Pursuant to Sixth Circuit Rule 206

ELECTRONIC CITATION: 2000 FED App. 0118P (6th Cir.)

File Name: 00a0118p.06

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

_________________

;



DALVAN M. COGER; JOSEPH



K. DAVIS; CAROLYN THORPE



FURR; LUCILLE GOLIGHTLY;



No. 97-5134

THOMAS M. HUGHES; JANIE



S. KNIGHT; CHARLES E. >

LONG, JR.; HARRY RICHARD 





MAHOOD; RAMONA MADSON



MAHOOD; ROBERT



MARSHALL; BETTY HULL



OWEN; JUNE ROSE RICHIE;

STEVE SCESA; CHARLES R. 





SCHROEDER; ROBERT A.



SNYDER; BOB J. TUCKER;



SHARON L. VAN OTEGHEN,



Plaintiffs-Appellants,



WILLIAM WELCH, 

Plaintiff, 



UNITED STATES OF AMERICA, 

Intervenor, 









v.





BOARD OF REGENTS OF THE



STATE OF TENNESSEE, a

1

2 Coger, et al. v. Bd. of Regents of No. 97-5134 No. 97-5134 Coger, et al. v. Bd. of Regents 3

the State of TN, et al. of the State of TN, et al.



NORWOOD, WILSON & ATCHLEY, Memphis, Tennessee,



Subdivision of the State of for Appellants. Michael E. Moore, OFFICE OF THE



Tennessee; MEMPHIS STATE ATTORNEY GENERAL, CRIMINAL JUSTICE DIVISION,



UNIVERSITY, An Institution Nashville, Tennessee, Sheri H. Lipman, BURCH, PORTER



Operated by the State Board & JOHNSON, Memphis, Tennessee, for Appellees. Seth M.



Galanter, U.S. DEPARTMENT OF JUSTICE, CIVIL



of Regents; THOMAS G.

RIGHTS DIVISION, APPELLATE SECTION, Washington,



CARPENTER, Individually and

D.C., for Intervenor. Douglas A. Hedin, LAW OFFICE OF



as President of Memphis State DOUGLAS A. HEDIN, Minneapolis, Minnesota, Thomas W.



University; VICTOR E. FEISAL, Osborne, AMERICAN ASSOCIATION OF RETIRED



Individually and as Vice- PERSONS, Washington, D. C., Jeffrey S. Sutton, Jack W.



President of Academic Affairs Decker, OFFICE OF THE ATTORNEY GENERAL,



Columbus, Ohio, for Amici Curiae.



at Memphis State University,

1

Defendants-Appellees. _________________

On Remand from the United States Supreme Court. OPINION

No. 89-02374—Julia S. Gibbons, Chief District Judge. _________________

Argued: April 30, 1998 R. GUY COLE, JR., Circuit Judge. In our prior opinion in

this case, Coger v. Board of Regents, 154 F.3d 296, 307 (6th

Decided and Filed: April 4, 2000 Cir. 1998), we concluded that Congress intended to abrogate

the states’ Eleventh Amendment immunity from suit by its

Before: JONES, MOORE, and COLE, Circuit Judges. enactment of the 1974 amendments to the Age Discrimination

in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and

_________________ that it had the authority to do so pursuant to Section 5 of the

Fourteenth Amendment. The Supreme Court, in a plurality

COUNSEL opinion, now has determined that although the ADEA does

contain a clear statement of Congress’ intent to abrogate the

ARGUED: Donald A. Donati, DONATI LAW FIRM, states’ immunity, the abrogation exceeded Congress’

Memphis, Tennessee, for Appellants. Michael E. Moore, authority under Section 5 of the Fourteenth Amendment. See

OFFICE OF THE ATTORNEY GENERAL, CRIMINAL Kimel v. Florida Bd. of Regents, 120 S. Ct. 631, 649-50

JUSTICE DIVISION, Nashville, Tennessee, for Appellees. (2000).

Seth M. Galanter, U.S. DEPARTMENT OF JUSTICE, CIVIL

RIGHTS DIVISION, APPELLATE SECTION, Washington, Having carefully considered the present case in light of

D.C., for Intervenor. Jeffrey S. Sutton, OFFICE OF THE Kimel, we conclude that the faculty members cannot maintain

ATTORNEY GENERAL, Columbus, Ohio, for Amicus their ADEA suit against the University, a state employer. We

Curiae. ON BRIEF: Donald A. Donati, DONATI LAW therefore VACATE our prior judgment and AFFIRM the

FIRM, Memphis, Tennessee, Jeffrey L. Atchley, district court’s order dismissing the plaintiffs’ ADEA action.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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