Kirchmann v. Lake Elsinore Unified School District

MODIFICATION

EDUCATION



School district that has fiscal and political connection with state may not be sued under federal law.



NORMA KIRCHMANN, Plaintiff and Appellant, v. LAKE ELSINORE UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents. No. E026060 (Super.Ct.No. 314830) California Court of Appeal Fourth Appellate District Division two Filed October 11, 2000 ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT

        It is ordered that the opinion filed September 27, 2000, be modified as follows:
        Immediately before the first full paragraph on page 9*, the following is inserted:

        Kirchmann argues this analysis should not apply in California, because by enacting the Tort Claims Act the state has waived sovereign immunity against any and all statutory claims in state court actions, even if the Eleventh Amendment would not permit such a claim to be brought in federal court. She points to Government Code sections 815, which provides that a public entity is not liable for an injury "[e]xcept as otherwise provided by statute," and 811.2, which defines "statute" to include an act of Congress such as section 1983.

        Kirchmann overlooks the fact that whether an entity is a "person" subject to suit under section 1983 is a matter of federal law and is not affected by whether the entity has sovereign immunity under state law. The United States Supreme Court said in Howlett by and through Howlett v. Rose, supra, 496 U.S. 356 [110 S.Ct. 2430, 110 L.Ed.2d 332]: "The elements of, and the defenses to, a federal cause of action are defined by federal law. [Citations.] A State may not, by statute or common law, create a cause of action under § 1983 against an entity whom Congress has not subjected to liability. [Citation.] Since this Court has construed the word 'person' in § 1983 to exclude States, neither a federal court nor a state court may entertain a § 1983 action against such a defendant." (496 U.S. at pp. 375-376, italics added.)

        Thus, California cannot, by enacting the Tort Claims Act, make school districts liable under section 1983 if they are not "persons" subject to section 1983 liability under federal law. As Will and its progeny demonstrate, the answer to that question depends on whether an entity is an arm of the state for Eleventh Amendment purposes.

There is no change in judgment

Appellant's petition for reheaing is denied.


We concur:
        WARD, J.
        GAUT, J.



*        See Daily Appellate Report of September 29, 2000, page 10596, column 2, last full paragraph.