Summary
**Topics:** Eleventh Amendment sovereign immunity; § 1983 claims against state agency; subject-matter jurisdiction; dismissal without prejudice for lack of jurisdiction. **Summary:** The Tenth Circuit held that the Oklahoma Department of Human Services (OKDHS) is an arm of the state entitled to Eleventh Amendment immunity from § 1983 claims. Congress did not abrogate that immunity in § 1983, and Oklahoma has not waived it. The district court correctly determined it lacked subject-matter jurisdiction but erred in dismissing the claims with prejudice; dismissal for lack of jurisdiction must be without prejudice.
Topics
Practice areas
Questions Presented
- Whether the Eleventh Amendment bars claims against the Oklahoma Department of Human Services under § 1983
- Whether the district court erred in dismissing the claims with prejudice rather than without prejudice after determining it lacked subject-matter jurisdiction.
Holdings
- The Eleventh Amendment bars the claims because OKDHS is an arm of the state, Congress did not abrogate state immunity in § 1983, and Oklahoma has not waived immunity.
- When a district court determines it lacks jurisdiction, dismissal must be without prejudice.
Key quotations
“In cases where the district court has determined that it lacks jurisdiction, dismissal of a claim must be without prejudice.” (at 4)
“It is well-established that Congress did not abrogate the states' Eleventh Amendment immunity when enacting § 1983.” (at 3)
“The Eleventh Amendment provides: 'The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.'” (at 2)
Factual background
Donna Washington sued the Oklahoma Department of Human Services (OKDHS) and several employees under 42 U.S.C. § 1983, alleging violations of her Fourth, Fifth, Ninth, and Fourteenth Amendment rights during child welfare proceedings. The district court dismissed the claims against OKDHS, holding them barred by Eleventh Amendment immunity.
Procedural history
The United States District Court for the Northern District of Oklahoma dismissed the claims against OKDHS with prejudice, holding them barred by Eleventh Amendment immunity. Ms. Washington appealed.
Remand instructions
Direct the district court to dismiss the claims against OKDHS without prejudice.