The opinion
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
PHYLLIS EDWARDS, )
)
Plaintiff, )
) CIVIL ACT. NO. 1:21cv248-ECM
v. ) [wo]
)
DOTHAN CITY SCHOOLS, et al., )
)
Defendants. )
ORDER
This cause is before the Court on a limited remand from the Eleventh Circuit Court
of Appeals to determine whether this Court has subject matter jurisdiction.
Specifically, this Court has been directed to determine the citizenship of Defendants
Dothan City Schools and Dothan City Board of Education, Michael Schmitz, Brenda
Guilford, Franklin Jones, Susan Vierkandt, Brett Strickland, Amy Bonds, and Chris
Maddox to determine whether there is diversity subject matter jurisdiction in this case.
The Plaintiff moves to amend her complaint to reflect (doc. 36), and the parties have
filed a Joint Stipulation as to Diversity of Citizenship wherein they state, that Defendants
Michael Schmitz, Brenda Guilford, Franklin Jones, Susan Vierkandt, Brett Strickland,
Amy Bonds, and Chris Maddox are citizens of the State of Alabama, whereas Plaintiff
Phyllis Edwards is a citizen of the State of Florida (doc. 38). The parties also have
stipulated that Defendants Dothan City Schools and the Dothan City Board of Education
are political subdivisions of the State of Alabama (doc. 42), although the Plaintiff points
out that the real party is the Dothan City Board of Education and that naming Dothan City
Schools as a party was redundant (doc. 43).
Parties may not stipulate to jurisdiction, but they may stipulate to facts that bear on
the jurisdictional inquiry. Eng'g Contractors Ass'n of S. Fla. Inc. v. Metro. Dade Cty., 122
F.3d 895, 905 (11th Cir. 1997). In its Memorandum Opinion and Order in this case, this
Court dismissed the state-law claim against the Dothan City Board of Education on the
basis of state sovereign immunity. The Eleventh Circuit has held that although state
sovereign immunity applies to Alabama school boards, federal sovereign immunity does
not. See Walker v. Jefferson Cty. Bd. of Educ., 771 F.3d 748, 756 (11th Cir. 2014).
Accordingly, the Dothan City Board of Education is not an arm of the state, but is instead
a citizen of Alabama for the purpose of determining diversity jurisdiction. See S.C. v.
Huntsville City Sch., 441 F. Supp. 3d 1228, 1239 & n.6 (N.D. Ala. 2020).
The Court finds, therefore, that diversity subject matter jurisdiction exists in this
case. Accordingly, it is ORDERED that the motion to amend the complaint (doc. 36) is
ORDERED DENIED as moot.
DONE this 6th day of September, 2022.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE