How later opinions annotate it (1 example)
- on other grounds
Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 615, 619 (8th Cir. 1995), abrogated on other grounds by S.A.A. v. Geisler, 127 F.4th 1133 (8th Cir. 2025)
— Soto-Elliott v. State of Nebraska, No. 8:24-cv-00290 (D. Neb. July 31, 2025)
A complaint that is silent regarding the capacity in which a defendant is sued must be interpreted as including only official-capacity claims.
A student filed a federal lawsuit alleging race and gender discrimination at a state-run community college, asserting claims under Title VI, Title IX, Section 1981, Section 1983, and the Equal Protection Clause. The district court dismissed the suit, applying a one-year state human rights statute of limitations to the Title VI and Title IX claims and finding the remaining claims barred by Eleventh Amendment immunity. Because the federal statutes lack their own limitations periods, the court must apply the most analogous state statute. The court holds that the state's six-year personal-injury statute applies to Title VI and Title IX claims. The court also finds that a complaint silent regarding the capacity of defendants is interpreted as including only official-capacity claims.
At page 619 Interpreting complaint silence regarding official capacity claims379 citing cases“if a plaintiff's complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims”
- S.A.A. v. Samantha Geisler, 127 F.4th 1133 (8th Cir. 2025).published (If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims.)
- Spencer v. Jhonny, No. 1:24-cv-00185 (E.D. Mo. Nov. 22, 2024).(If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official-capacity claims.)
- Johnson v. Satterfield, No. 1:24-cv-00194 (E.D. Mo. Nov. 22, 2024).(If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official-capacity claims.)
- Estes v. Missouri Court of Appeals, No. 1:24-cv-00120 (E.D. Mo. Sept. 11, 2024).(If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official-capacity claims.)
- Campbell v. St. Louis Cnty., No. 4:24-cv-00341 (E.D. Mo. Aug. 5, 2024). (If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official-capacity claims.)
- Andersen v. Carver Cnty. Sheriffs Off., No. 0:22-cv-03137 (D. Minn. July 22, 2024).(If a plaintiff's complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official capacity claims.)
- Walton v. City of St Louis Just. Ctr., No. 4:24-cv-00299 (E.D. Mo. June 24, 2024).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims.)
- Criner v. Adams, No. 4:24-cv-00416 (E.D. Mo. May 21, 2024).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims)
- Beggs v. Ambrose, No. 6:23-cv-06068 (W.D. Ark. Mar. 8, 2024).(If a plaintiff's complaint is silent about the capacity in which [he] is suing the defendant, we interpret the complaint as including only official-capacity claims.)
- Criddle v. Jackson Cnty. Sheriff Off., No. 1:23-cv-00183 (E.D. Mo. Nov. 6, 2023).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims)
Show 193 more citing cases
- Eason v. Summit, No. 1:23-cv-00142 (E.D. Mo. Oct. 17, 2023).(If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official- capacity claims.)
- Napper v. Tidwell, No. 1:23-cv-00084 (E.D. Mo. Sept. 18, 2023).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims)
- Benford v. Dowd, No. 4:23-cv-00998 (E.D. Mo. Aug. 16, 2023). (If a plaintiff's complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims)
- Keys v. State of Missouri, No. 4:23-cv-00729 (E.D. Mo. June 9, 2023). See also Webb v. City of Maplewood, 889 F.3d 483, 485 (8th Cir. 2018) (“The Eleventh Amendment protects States and their arms and instrumentalities from suit in federal court”); and Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 615, 618-19 (8th…
- McGinness v. Lester, No. 4:22-cv-00085 (E.D. Mo. May 22, 2023).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims.)
- Aufderheide v. Dep't of Mental Health, No. 4:22-cv-01350 (E.D. Mo. Mar. 30, 2023). (If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official-capacity claims.)
- Wagner v. St. Louis Cnty., No. 4:22-cv-00703 (E.D. Mo. Mar. 27, 2023).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims)
- Sumlin v. Chambers, No. 1:23-cv-00031 (E.D. Mo. Mar. 15, 2023).(If a plaintiff’s complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims)
- Davis v. Holder, No. 4:22-cv-00120 (E.D. Mo. Feb. 21, 2023).(If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, [courts] interpret the complaint as including only official-capacity claims.)
- Williams v. Missouri Deparment of Corr., No. 1:21-cv-00102 (E.D. Mo. Jan. 18, 2022).
- Baalim v. Perkins, No. 4:21-cv-01341 (E.D. Mo. Feb. 1, 2022).
- McFarland v. 21st Jud. Circuit, No. 4:21-cv-01315 (E.D. Mo. Feb. 22, 2022).
- Malloy v. Missouri Dep't of Corr., No. 4:21-cv-00777 (E.D. Mo. Feb. 28, 2022).
- Kinsey v. Effan, No. 1:22-cv-00065 (E.D. Mo. Sept. 19, 2022).
- Hall v. Higgins, No. 4:21-cv-00106 (E.D. Ark. July 1, 2022).
- Ellis v. Arkansas, State of, No. 3:22-cv-00064 (E.D. Ark. Dec. 8, 2022).
- Pennington v. Felt, No. 4:23-cv-00199 (E.D. Ark. June 2, 2023).
- Tolliver v. Mannis, No. 2:22-cv-00033 (E.D. Ark. Dec. 11, 2023).
- Richardson v. Payne, No. 4:22-cv-00160 (E.D. Ark. Apr. 1, 2024).
- Prouty v. DHS-MSOP employees, No. 0:21-cv-02207 (D. Minn. Apr. 13, 2022).
- Braun v. State of Minnesota, No. 0:22-cv-00710 (D. Minn. Nov. 17, 2022).
- Smith v. Olmsted Cnty. Sheriff's Dep't, No. 0:21-cv-01703 (D. Minn. Nov. 30, 2022).
- Johnson v. Ramsey Cnty. ADC, No. 0:22-cv-00494 (D. Minn. Jan. 6, 2023).
- Gozo v. Skillet Inc., No. 0:24-cv-01193 (D. Minn. May 13, 2024).
- Davis v. Franklin Cnty. Jail, No. 4:21-cv-01135 (E.D. Mo. Dec. 9, 2021).
- Fugate v. Moberly Police Dep't, No. 2:21-cv-00062 (E.D. Mo. Jan. 6, 2022).
- Owens v. Stoddard Cnty. Jail, No. 1:21-cv-00157 (E.D. Mo. Feb. 2, 2022).
- Manuel v. Hanning, No. 4:21-cv-01428 (E.D. Mo. Feb. 17, 2022).
- Dennison v. State of Missouri Dep't of Corr., No. 2:21-cv-00045 (E.D. Mo. Feb. 25, 2022).
- Whitehorn v. ERDCC Med. Staff, No. 4:21-cv-01021 (E.D. Mo. Mar. 15, 2022).
- Marshall v. Parson, No. 4:21-cv-01500 (E.D. Mo. Mar. 14, 2022).
- Nachtweih v. Missouri Dep't of Corr., State of, No. 4:21-cv-00371 (E.D. Mo. Mar. 31, 2022).
- Phillips v. Two unknown police officer of City of St. Louis, No. 4:22-cv-00093 (E.D. Mo. Apr. 12, 2022).
- Manning v. Missouri Dep't of Soc. Servs., No. 4:22-cv-00046 (E.D. Mo. Apr. 13, 2022).
- McVay v. Jarred, No. 1:22-cv-00015 (E.D. Mo. Apr. 22, 2022).
- Hall v. Schneider, No. 4:21-cv-01415 (E.D. Mo. Apr. 28, 2022).
- Greathouse v. Wilson, No. 2:22-cv-00001 (E.D. Mo. Apr. 28, 2022).
- Chambers v. Windham, No. 4:22-cv-00453 (E.D. Mo. Apr. 28, 2022).
- Howell v. Henderson, No. 4:22-cv-00060 (E.D. Mo. Apr. 28, 2022).
- Abbott v. Francis, No. 4:22-cv-00526 (E.D. Mo. June 15, 2022).
- Davis v. Rodgers, No. 1:22-cv-00035 (E.D. Mo. June 29, 2022).
- Young v. St. Louis Cnty. Jail, No. 4:22-cv-00414 (E.D. Mo. July 14, 2022).
- Bowman v. Lester, No. 4:22-cv-00748 (E.D. Mo. July 21, 2022).
- McFarland v. Barba, No. 4:22-cv-00720 (E.D. Mo. Aug. 30, 2022).
- Andrews v. Wayne Cnty., No. 1:22-cv-00081 (E.D. Mo. Aug. 31, 2022).
- Smith v. St. Louis Cnty. Just. Ctr., No. 4:22-cv-00744 (E.D. Mo. Sept. 7, 2022).
- Cole v. Barton, No. 1:22-cv-00078 (E.D. Mo. Oct. 13, 2022).
- Jackson v. Cape Cnty. Jail, No. 1:22-cv-00085 (E.D. Mo. Oct. 31, 2022).
- Page v. Westrel, No. 4:22-cv-00979 (E.D. Mo. Nov. 7, 2022).
- Williams v. Merdinian, No. 2:22-cv-00061 (E.D. Mo. Dec. 16, 2022).
- Aufderheide v. Dep't of Mental Health, No. 4:22-cv-01350 (E.D. Mo. Jan. 5, 2023).
- Coger v. Dobbs, No. 1:22-cv-00143 (E.D. Mo. Dec. 16, 2022).
- Rios Rosa v. Stange, No. 1:22-cv-00126 (E.D. Mo. Jan. 9, 2023).
- Aufderheide v. Dep't of Mental Health, No. 4:22-cv-01350 (E.D. Mo. Jan. 27, 2023).
- Malloy v. Adams, No. 4:23-cv-00037 (E.D. Mo. Feb. 3, 2023).
- Berkley v. Tucker, No. 4:23-cv-00144 (E.D. Mo. Feb. 15, 2023).
- Berkley v. Saqust, No. 4:23-cv-00145 (E.D. Mo. Mar. 10, 2023).
- Hardy v. Pike Cnty. Sheriff Dept., No. 2:23-cv-00012 (E.D. Mo. May 12, 2023).
- Hardy v. Pike Cnty. Sheriff Dept., No. 2:23-cv-00012 (E.D. Mo. June 28, 2023).
- Tupper v. St. Francois Cnty., No. 4:20-cv-00986 (E.D. Mo. July 19, 2023).
- Porter v. Overland Police Dep't, No. 4:23-cv-00765 (E.D. Mo. July 31, 2023).
- Dairius D'wayne Kinnie v. Scott Anders, No. 4:23-cv-00980 (E.D. Mo. Aug. 14, 2023).
- Cannon v. Jones, No. 1:23-cv-00097 (E.D. Mo. Sept. 5, 2023).
- Phillips v. Two Unknown African Am. Police Officers, No. 4:23-cv-01084 (E.D. Mo. Sept. 20, 2023).
- Gibson v. Hadzic, No. 4:22-cv-00163 (E.D. Mo. Sept. 25, 2023).
- Bey v. Owens, No. 4:23-cv-01008 (E.D. Mo. Nov. 27, 2023).
- Curry v. Cutt, No. 2:23-cv-00048 (E.D. Mo. Feb. 2, 2024).
- Reid v. Garland, No. 4:24-cv-00261 (E.D. Mo. May 24, 2024).
- Oaker v. Skiles, No. 2:21-cv-04242 (W.D. Mo. July 21, 2022).
- D.O. v. Ozark Horizon State Sch., No. 6:22-cv-03265 (W.D. Mo. Aug. 16, 2023).
- Wilbon v. Goff, No. 6:23-cv-03139 (W.D. Mo. May 28, 2024).
- Drake v. Stenehjem, No. 1:20-cv-00231 (D.N.D. Sept. 15, 2023).
- Johnson v. UNMC, No. 8:21-cv-00476 (D. Neb. Jan. 6, 2022).
- Johnson v. UNMC, No. 8:22-cv-00032 (D. Neb. Feb. 11, 2022).
- Alvarez v. O'Brien, No. 8:21-cv-00303, 2022 WL 170065 (D. Neb. Jan. 19, 2022).
- Reed v. Smith, No. 8:21-cv-00305 (D. Neb. Jan. 21, 2022).
- Lammers v. State of Nebraska, No. 7:21-cv-05009 (D. Neb. Mar. 10, 2022).
- Hanes v. Frakes, No. 8:22-cv-00156 (D. Neb. May 26, 2022).
- Bush v. Deprtment of Heaith & Human Servs., No. 4:22-cv-03070 (D. Neb. May 13, 2022).
- Gardner v. Frakes, No. 8:21-cv-00459 (D. Neb. May 17, 2022).
- Martinez v. Nebraska Dept of Health & Human Servs., No. 8:22-cv-00184 (D. Neb. July 14, 2022).
- Summers v. Deputies or Officers Jane or John Doe, No. 8:21-cv-00453 (D. Neb. Aug. 15, 2022).
- Jones v. Nebraska Dep't of Corr. Servs., No. 8:21-cv-00251 (D. Neb. July 27, 2022).
- Alvarez v. O'Brien, No. 8:21-cv-00303 (D. Neb. June 30, 2022).
- Robinson v. Case Manager Russell Van Langen, No. 8:22-cv-00151 (D. Neb. Sept. 7, 2022).
- Goodwin v. Batallion, No. 8:23-cv-00014 (D. Neb. Mar. 8, 2023).
- Jones v. State of Nebraska DHHS, No. 4:22-cv-03172 (D. Neb. May 18, 2023).
- Rosberg v. State of Nebraska, No. 8:23-cv-00038 (D. Neb. May 24, 2023).
- Wike v. South, No. 8:22-cv-00355 (D. Neb. Apr. 25, 2023).
- Robinson v. State of Nebraska, No. 8:22-cv-00398 (D. Neb. May 17, 2023).
- El v. Daniels, No. 8:22-cv-00203, 2023 WL 3004577 (D. Neb. Apr. 19, 2023).
- Swift v. Nebraska CPS, No. 8:23-cv-00233 (D. Neb. June 2, 2023).
- Condos v. Harling, No. 8:22-cv-00292 (D. Neb. May 10, 2023).
- Arkulari v. Prison Med. Staff - Jon Doe (UK), No. 8:22-cv-00446 (D. Neb. July 25, 2023).
- Ajamu v. Dougulas Cnty., No. 8:22-cv-00347 (D. Neb. Oct. 6, 2023).
- Becker v. Regean, No. 8:23-cv-00279 (D. Neb. Dec. 12, 2023).
- Becker v. Scottsbluff Cnty. Sheriff, No. 8:23-cv-00293 (D. Neb. Dec. 12, 2023).
- Becker Hurd v. Bayless, No. 8:23-cv-00284 (D. Neb. Dec. 12, 2023).
- Burns v. Hill, No. 8:23-cv-00053 (D. Neb. Dec. 14, 2023).
- Becker Hurd v. State of Nebraska, No. 8:23-cv-00288 (D. Neb. Dec. 12, 2023).
- Bateman v. NDCS Reception & Treatment Ctr., No. 8:23-cv-00040 (D. Neb. Jan. 19, 2024).
- Martinez v. Kahl, No. 8:22-cv-00445 (D. Neb. Mar. 26, 2024).
- Lightfeather v. Holister, No. 8:23-cv-00214 (D. Neb. Apr. 18, 2024).
- Schurman v. Payer, No. 4:21-cv-04156 (D.S.D. Jan. 6, 2022).
- Hughbanks v. Fluke, No. 4:21-cv-04167 (D.S.D. Feb. 2, 2022).
- Hinton-Morales v. Walburg, No. 4:21-cv-04206 (D.S.D. Jan. 4, 2022).
- Hughbanks v. Fluke, No. 4:21-cv-04167 (D.S.D. Jan. 31, 2022).
- Baker v. Thorn, No. 5:21-cv-05084, 2022 WL 280226 (D.S.D. Jan. 31, 2022).
- Clervrain v. Krebs, No. 4:22-cv-04047 (D.S.D. May 9, 2022).
- Fazel v. Boyd, No. 4:21-cv-04219 (D.S.D. Apr. 6, 2022).
- Sharp v. South Dakota Dep't of Corr., No. 4:22-cv-04013 (D.S.D. May 25, 2022).
- Mesteth v. South Dakota Bd. of Pardons & Paroles, No. 4:22-cv-04066 (D.S.D. Oct. 20, 2022).
- Daly v. Thom, No. 5:22-cv-05051 (D.S.D. Oct. 19, 2022).
- Rice v. Carper, No. 4:22-cv-04083 (D.S.D. Dec. 14, 2022).
- Lipsky v. Cronin, No. 5:22-cv-05039 (D.S.D. Mar. 6, 2023).
- Rasmussen v. State of South Dakota, No. 3:22-cv-03021 (D.S.D. Apr. 18, 2023).
- Cheever v. State of South Dakota, No. 4:22-cv-04144 (D.S.D. Apr. 4, 2023).
- Craig v. State of South Dakota, No. 4:23-cv-04056 (D.S.D. Aug. 29, 2023).
- Mitchell v. Milstead, No. 4:23-cv-04098 (D.S.D. Oct. 31, 2023).
- Griffin v. Salt Lake City Soc. Sec. Off., No. 3:23-cv-03015 (D.S.D. Nov. 14, 2023).
- Roberts v. Boyd, No. 4:23-cv-04116 (D.S.D. Nov. 17, 2023).
- Roberts v. USA, No. 4:23-cv-04166 (D.S.D. Nov. 17, 2023).
- Keshia Wilson v. Dept of Corr. South Dakota, No. 3:23-cv-03009 (D.S.D. Dec. 19, 2023).
- Hinton v. Walburg, No. 4:23-cv-04201 (D.S.D. Apr. 25, 2024).
- Counts v. Wasko, No. 4:23-cv-04103 (D.S.D. May 30, 2024).
- Stork v. SD State Prison, No. 4:23-cv-04128 (D.S.D. May 23, 2024).
- Mesteth v. Odegard, No. 4:23-cv-04135 (D.S.D. May 23, 2024).
- Archambeau v. McGuire, No. 4:24-cv-04013 (D.S.D. June 12, 2024).
- Black Bear v. Lingren, No. 5:23-cv-05049, 2024 WL 1299079 (D.S.D. Mar. 27, 2024).
- S.A.A. v. Samantha Geisler, 108 F.4th 699 (8th Cir. 2024).published
- Latetia Nunley v. Blayne Newton, 117 F.4th 1059 (8th Cir. 2024).published
- Francis v. McIntosh, No. 2:22-cv-02070 (W.D. Ark. June 24, 2022).
- Jones v. Patton, No. 2:24-cv-02032 (W.D. Ark. Mar. 27, 2024).
- Sproaps v. Sergeant Unknown Parker, No. 4:23-cv-01383 (E.D. Mo. July 22, 2024).
- Hurd v. Fellhoelter, No. 8:23-cv-00286 (D. Neb. July 1, 2024).
- Kreeger v. State of Nebraska, No. 8:24-cv-00026 (D. Neb. Aug. 1, 2024).
- Npimnee v. Andrews, No. 8:23-cv-00102 (D. Neb. July 22, 2024).
- Arentsen v. State of Nebraska, No. 4:23-cv-03131 (D. Neb. Aug. 26, 2024).
- Corona v. Folts-Oberle, No. 4:24-cv-03024 (D. Neb. Sept. 4, 2024).
- Franks v. Nissen, No. 4:22-cv-03233 (D. Neb. Sept. 27, 2024).
- Williams v. State of Nebraska, No. 8:22-cv-00438 (D. Neb. Sept. 25, 2024).
- Npimnee v. State of Nebraska, No. 8:22-cv-00409 (D. Neb. Oct. 18, 2024).
- Stewart v. Walls., No. 8:24-cv-00039 (D. Neb. Oct. 18, 2024).
- Healy v. Miller, No. 4:24-cv-04053 (D.S.D. Aug. 14, 2024).
- Jackson v. Dickerson, No. 1:24-cv-00130 (E.D. Mo. Nov. 12, 2024).
- Cannaday v. Miller, No. 4:23-cv-03173 (D. Neb. Nov. 18, 2024).
- Vardeman v. St. Charles Co. Det. Ctr., No. 4:24-cv-01227 (E.D. Mo. Nov. 25, 2024).
- King v. White, No. 4:24-cv-04084 (W.D. Ark. Sept. 24, 2024).
- Wheeler v. Long, No. 5:24-cv-05008 (D.S.D. Jan. 10, 2025).
- Parks v. Damante, No. 2:24-cv-02137 (W.D. Ark. Dec. 13, 2024).
- Sundance Grp., Inc. v. City of Sioux Falls, No. 4:24-cv-04124 (D.S.D. Jan. 13, 2025).
- Vardeman v. St. Charles Co. Det. Ctr., No. 4:24-cv-01227 (E.D. Mo. Jan. 22, 2025).
- Mills v. Precythe, No. 4:24-cv-00680 (E.D. Mo. Feb. 6, 2025).
- Black Bear v. Lingren, No. 5:23-cv-05049, 2025 WL 588187 (D.S.D. Feb. 24, 2025).
- Schneckloth v. Jansen, No. 8:24-cv-00437 (D. Neb. Feb. 26, 2025).
- Jeffrey Reynolds v. Pamela Cook, No. 24-1618, 2025 WL 670428 (8th Cir. Mar. 3, 2025).unpublished
- Starr v. Hall, No. 8:24-cv-00152 (D. Neb. Mar. 17, 2025).
- Swisher v. Norris, No. 8:24-cv-00354 (D. Neb. Mar. 25, 2025).
- O'Toole v. Danaher, No. 4:24-cv-03067 (D. Neb. Mar. 31, 2025).
- Npimnee v. Goracke, No. 8:22-cv-00409 (D. Neb. Apr. 15, 2025).
- Bolay v. Corbin, No. 8:24-cv-00280 (D. Neb. Apr. 22, 2025).
- Kephart v. Koenig, No. 8:24-cv-00401 (D. Neb. May 15, 2025).
- Rosberg v. State of Nebraska, No. 8:24-cv-00040 (D. Neb. July 7, 2025).
- Eichelberger v. Yardley, No. 8:23-cv-00376 (D. Neb. July 9, 2025).
- Moya v. Kenner Police Dep't, No. 2:25-cv-00181 (E.D. La. June 13, 2025).
- Bateman v. Deol, No. 8:23-cv-00040 (D. Neb. July 15, 2025).
- Soto-Elliott v. State of Nebraska, No. 8:24-cv-00290 (D. Neb. July 31, 2025).
- King v. Jeffreys, No. 4:25-cv-03022 (D. Neb. Aug. 25, 2025).
- Phelps v. Sgt. Cabieles, No. 8:24-cv-00188 (D. Neb. Aug. 26, 2025).
- Maxwell v. Sarpy Cnty. Clerk of Court, No. 8:24-cv-00094 (D. Neb. Aug. 28, 2025).
- Barton v. Young, No. 8:24-cv-00180 (D. Neb. Sept. 3, 2025).
- Shannon v. Franks, No. 4:25-cv-03060 (D. Neb. Sept. 23, 2025).
- LeFever v. State of Nebraska, No. 8:24-cv-00377 (D. Neb. Sept. 30, 2025).
- Williams v. Frakes, No. 4:23-cv-03214 (D. Neb. Sept. 30, 2025).
- Robinson v. Omaha Corr. Ctr., No. 8:22-cv-00398 (D. Neb. Oct. 3, 2025).
- Brown v. Jeffreys, No. 8:25-cv-00383 (D. Neb. Oct. 9, 2025).
- Cowan, No. 8:25-cv-00163 (D. Neb. Oct. 21, 2025).
- Arkulari, No. 8:22-cv-00446 (D. Neb. Nov. 14, 2025).
- Amos Dumarce v. Nebraska Dep't of Corr. Servs., No. 4:23-cv-03132 (D. Neb. Nov. 25, 2025).
- Npimnee, No. 8:23-cv-00102 (D. Neb. Dec. 31, 2025).
- Rowe, No. 8:25-cv-00381 (D. Neb. Jan. 12, 2026).
- Hubbard, No. 6:24-cv-06151 (W.D. Ark. Feb. 26, 2026).
- Gable, No. 8:25-cv-00709 (D. Neb. Jan. 30, 2026).
- Chowdhury, No. 4:25-cv-00467 (S.D. Tex. Mar. 18, 2026).
- Ballard, No. 8:25-cv-00723 (D. Neb. Feb. 2, 2026).
- LeFever, No. 8:23-cv-00187 (D. Neb. Feb. 13, 2026).
- Sullivan, No. 8:26-cv-00016 (D. Neb. June 4, 2026).
- Moore, No. 4:26-cv-03119 (D. Neb. July 8, 2026).
- Juaquez S. Johnson v. United States, No. 8:26-cv-00080 (D. Neb. Aug. 17, 2026).
- Briggs v. City of St. Louis, No. 4:22-cv-00282 (E.D. Mo. Nov. 1, 2022).
- Engel v. State, No. 4:20-cv-01906 (E.D. Mo. Jan. 21, 2021).“Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment”
- Engel v. ERDCC, No. 4:20-cv-01823 (E.D. Mo. Feb. 18, 2021).“Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment”
- Davis v. St. Louis City Police Dep't, No. 4:21-cv-00498 (E.D. Mo. Oct. 13, 2021).“Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment”
At page 618 Eleventh amendment immunity for state defendants198 citing cases*Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment
- Stafford v. George Washington Univ., 578 F. Supp. 3d 25 (D.D.C. 2022).published But see Egerdahl, 72 F.3d at 617-18 (rejecting application of limitations period in Minnesota Human Rights Act).
- Peak, No. 2:25-cv-00051 (E.D. Mo. Jan. 16, 2026).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Johnston v. Mesmer, No. 2:24-cv-00071 (E.D. Mo. Sept. 30, 2025).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Coleman v. State of Missouri, No. 4:25-cv-00241 (E.D. Mo. Mar. 4, 2025).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Scruggs v. Clarkson, No. 2:24-cv-00082 (E.D. Mo. Feb. 19, 2025).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Atkins v. MO Dep't of Mental Health, No. 4:24-cv-01689 (E.D. Mo. Jan. 6, 2025).(Generally, in the absence of consent, a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment.)
- Scruggs v. Pasley, No. 2:24-cv-00081 (E.D. Mo. Dec. 20, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Ware v. Dep't of Corr., No. 4:24-cv-00934 (E.D. Mo. July 23, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Crudup v. Stange, No. 1:23-cv-00167 (E.D. Mo. June 18, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- McDile v. State of Missouri, No. 4:24-cv-00609 (E.D. Mo. June 7, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
Show 185 more citing cases
- Harris v. 22nd Jud. Circuit City of St. Louis Circuit Court, No. 4:24-cv-00784 (E.D. Mo. June 7, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Garner v. Doe-1, No. 4:24-cv-00300 (E.D. Mo. May 23, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Chapman v. Stanton, No. 2:24-cv-00020 (E.D. Mo. May 2, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- McGee v. Anderson, No. 4:24-cv-00013 (E.D. Mo. Jan. 5, 2024).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- McGee v. Vincenz, No. 4:23-cv-00815 (E.D. Mo. Nov. 27, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Crudup v. Stange, No. 1:23-cv-00167 (E.D. Mo. Nov. 20, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Jones v. Missouri Dept. of Prob. & Parole, No. 1:23-cv-00166 (E.D. Mo. Oct. 19, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Westbrook v. Patel, No. 4:23-cv-01200 (E.D. Mo. Sept. 26, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Fisher v. Precythe, No. 2:22-cv-00076 (E.D. Mo. Sept. 22, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Benford v. Dowd, No. 4:23-cv-00998 (E.D. Mo. Aug. 16, 2023). See also Johnson v. Outboard Marine Corp., 172 F.3d 531, 535 (8" Cir. 1999) (“[I]n order to sue a public official in his or her individual capacity, a plaintiff must expressly and unambiguously state so in the pleadings, otherwise, it will…
- Anderson v. E. Diagnostic & Reception Corr. Ctr., No. 4:23-cv-00454 (E.D. Mo. Aug. 3, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment.)
- Chatman v. Missouri Dep't of Corr., No. 1:23-cv-00055 (E.D. Mo. July 17, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Henderson v. Sheppard, No. 4:22-cv-01056 (E.D. Mo. June 30, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Rowell v. Missouri Dept of Corr., No. 4:23-cv-00764 (E.D. Mo. June 14, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Bauer v. Anderson, No. 4:23-cv-00027 (E.D. Mo. June 14, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Henderson v. Missouri Dep't of Mental Health, No. 4:22-cv-00360 (E.D. Mo. June 13, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Keys v. State of Missouri, No. 4:23-cv-00729 (E.D. Mo. June 9, 2023). (Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Benford v. Dowd, No. 4:23-cv-00261 (E.D. Mo. May 19, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Howell v. Gettinger, No. 4:23-cv-00464 (E.D. Mo. May 12, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Marsh v. MO Dept. of Corr., No. 4:23-cv-00128 (E.D. Mo. Apr. 19, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Curtis v. State of Missouri, No. 4:23-cv-00381 (E.D. Mo. Apr. 12, 2023).(Generally, in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment)
- Aufderheide v. Dep't of Mental Health, No. 4:22-cv-01350 (E.D. Mo. Mar. 30, 2023). Specifically, it was inappropriate for her to refer to attachments or exhibits in lieu of presenting a clear and concise statement of the claim. 1 See Baker v. Chisom, 501 F.3d 920, 923 (8th Cir. 2007) (“If the complaint does not specifica…
- Rozar v. Mullis, 85 F.3d 556 (11th Cir. 1996).published
- Thomas E. Ballard v. Robert E. Rubin, 284 F.3d 957 (8th Cir. 2002).published
- Curto v. Edmundson, 392 F.3d 502 (2d Cir. 2004).published
- Trista Stanley v. Trs. of the California State Univ. California State Univ., Sacramento, 433 F.3d 1129 (9th Cir. 2006).published
- Wilmink v. Kanawha Cnty. Bd. of Educ., 214 F. App'x 294 (4th Cir. 2007).unpublished
- Vaughn v. Nw. Airlines, Inc., 558 N.W.2d 736 (Minn. 1997).published
- Randy's Sanitation, Inc. v. Wright Cnty., Minn., 65 F. Supp. 2d 1017 (D. Minn. 1999).published
- Govan v. Trs. of Boston Univ., 66 F. Supp. 2d 74 (D. Mass. 1999).published
- Nunley v. Pioneer Pleasant Vale Sch. Dist. 56, 190 F. Supp. 2d 1263 (W.D. Okla. 2002).published
- Sallis v. Univ. of Minnesota, 322 F. Supp. 2d 999 (D. Minn. 2004).published
- Vivian Wolfe-Holmes v. AR State Hosp., 142 F. App'x 959 (8th Cir. 2005).unpublished
- King-White v. Humble Indep. Sch. Dist., 803 F.3d 754 (5th Cir. 2015).published
- Vaun Monroe v. Columbia Coll. Chicago, 990 F.3d 1098 (7th Cir. 2021).published
- Doe v. Howard Univ., 594 F. Supp. 3d 52 (D.D.C. 2022).published
- Rollins v. City of Albert Lea, 79 F. Supp. 3d 946 (D. Minn. 2014).published
- Portz v. St. Cloud State Univ. & Minn. State Colls. & Universities, 297 F. Supp. 3d 929 (D. Me. 2018).published
- Pub. Water Supply Dist. No. 1 of Greene Co v. City of Springfield, 52 F.4th 372 (8th Cir. 2022).published
- Curto v. Edmundson, 392 F.3d 502 (D.C. Cir. 2004).published
- Monroe v. Columbia Coll. Chicago, No. 1:17-cv-05837 (N.D. Ill. Mar. 30, 2020).
- Doe v. Lincoln-Sudbury Reg'l Sch. Comm., No. 1:20-cv-11564 (D. Mass. Aug. 27, 2021).
- Mungai v. Univ. of Minnesota, No. 0:23-cv-01237 (D. Minn. Mar. 21, 2024).
- Graham v. Koenig, No. 0:23-cv-00263 (D. Minn. June 14, 2024).
- Howard v. E. Reception, No. 4:19-cv-01919 (E.D. Mo. Nov. 20, 2019).
- Koeller v. Missouri, State of, No. 1:19-cv-00121 (E.D. Mo. Nov. 27, 2019).
- Smith v. Estep, No. 4:19-cv-03274 (E.D. Mo. Mar. 30, 2020).
- Hill v. City of St. Louis, MO, No. 4:19-cv-03155 (E.D. Mo. Apr. 9, 2020).
- Arrington v. Levi, No. 1:20-cv-00053 (E.D. Mo. July 1, 2020).
- Arrington v. Buff, No. 1:20-cv-00036 (E.D. Mo. July 6, 2020).
- Carter v. Hillsboro Treatment Ctr., No. 4:19-cv-01323 (E.D. Mo. July 24, 2020).
- Wright v. Anderson, No. 4:19-cv-03230 (E.D. Mo. Aug. 12, 2020).
- Hill v. Caruthersville, City of, No. 1:20-cv-00043 (E.D. Mo. Sept. 24, 2020).
- Dinkins v. State of MO, No. 4:20-cv-00809 (E.D. Mo. Oct. 1, 2020).
- Blackwell v. Missouri Dep't of Revenue, No. 4:20-cv-01199 (E.D. Mo. Nov. 9, 2020).
- Engel v. Missouri Dep't of Corr., No. 4:20-cv-01430 (E.D. Mo. Dec. 22, 2020).
- Engel v. MODOC, No. 4:20-cv-01668 (E.D. Mo. Dec. 28, 2020).
- Engel v. ERDCC, No. 4:20-cv-01810 (E.D. Mo. Jan. 4, 2021).
- Engel v. ERDCC, No. 4:20-cv-01739 (E.D. Mo. Dec. 31, 2020).
- Engel v. Corizon, No. 4:20-cv-01812 (E.D. Mo. Jan. 6, 2021).
- Isgar v. State of Missouri, No. 4:20-cv-01594 (E.D. Mo. Jan. 8, 2021).
- Davidson v. Stringer, No. 4:20-cv-01478 (E.D. Mo. Jan. 11, 2021).
- Engel v. Missouri Dep't of Corr., No. 4:20-cv-01694 (E.D. Mo. Jan. 22, 2021).
- Engel v. Missouri Dep't of Corr., No. 1:20-cv-00269 (E.D. Mo. Jan. 26, 2021).
- Engel v. Desoto City Council, No. 4:20-cv-01731 (E.D. Mo. Jan. 25, 2021).
- Engel v. Judge Missey, No. 4:20-cv-01767 (E.D. Mo. Jan. 29, 2021).
- Engel v. ERDCC, No. 4:20-cv-01765 (E.D. Mo. Feb. 1, 2021).
- Engel v. Corizon, No. 4:20-cv-01738 (E.D. Mo. Jan. 27, 2021).
- Engel v. CO1, No. 4:20-cv-01801 (E.D. Mo. Feb. 1, 2021).
- Engel v. ERDCC, No. 4:20-cv-01736 (E.D. Mo. Jan. 29, 2021).
- Engel v. ERDCC, No. 4:20-cv-01808 (E.D. Mo. Feb. 4, 2021).
- Engel v. ERDCC, No. 4:20-cv-01817 (E.D. Mo. Feb. 3, 2021).
- Engel v. ERDCC, No. 4:20-cv-01765 (E.D. Mo. Jan. 28, 2021).
- Engel v. State of Missouri, No. 4:20-cv-01730 (E.D. Mo. Feb. 9, 2021).
- Jones v. State of Missouri Dep't of Mental Health, No. 4:20-cv-01646 (E.D. Mo. Feb. 16, 2021).
- Engel v. Corizon, No. 4:20-cv-01829 (E.D. Mo. Feb. 23, 2021).
- Engel v. ERDCC, No. 4:20-cv-01831 (E.D. Mo. Feb. 23, 2021).
- Engel v. ERDCC, No. 4:20-cv-01814 (E.D. Mo. Feb. 24, 2021).
- Howard v. Hogan, No. 4:20-cv-00734 (E.D. Mo. Feb. 23, 2021).
- Engel v. CO1, No. 4:20-cv-01905 (E.D. Mo. Mar. 2, 2021).
- Engel v. ERDCC, No. 4:20-cv-01825 (E.D. Mo. Mar. 1, 2021).
- Engel v. ERDCC, No. 4:20-cv-01820 (E.D. Mo. Mar. 9, 2021).
- Engel v. Se. Corr. Ctr., No. 1:20-cv-00258 (E.D. Mo. Mar. 10, 2021).
- Engel v. CO1, No. 4:20-cv-01620 (E.D. Mo. Mar. 12, 2021).
- Engel v. Corizon, No. 4:20-cv-01828 (E.D. Mo. Mar. 12, 2021).
- Engel v. MODOC, No. 4:20-cv-01693 (E.D. Mo. Mar. 16, 2021).
- Engel v. ERDCC, No. 4:20-cv-01827, 2021 WL 1059017 (E.D. Mo. Mar. 18, 2021).
- Engel v. Corizon, No. 4:20-cv-01944 (E.D. Mo. Mar. 23, 2021).
- Engel v. Corizon, No. 4:20-cv-01902 (E.D. Mo. Mar. 19, 2021).
- Engel v. ERDCC, No. 4:20-cv-01895 (E.D. Mo. Mar. 23, 2021).
- Engel v. MODOC, No. 4:20-cv-01795 (E.D. Mo. Mar. 24, 2021).
- Engel v. CO1, No. 4:20-cv-01734 (E.D. Mo. Mar. 19, 2021).
- Engel v. Corizon, No. 4:20-cv-01940 (E.D. Mo. Mar. 22, 2021).
- Engel v. Corizon, No. 4:20-cv-01744, 2021 WL 1105351 (E.D. Mo. Mar. 23, 2021).
- Moore v. Stanton, No. 4:20-cv-01624 (E.D. Mo. Mar. 24, 2021).
- Engel v. CO1, No. 4:20-cv-01907 (E.D. Mo. Mar. 25, 2021).
- Armstrong v. Precythe, No. 4:21-cv-00092 (E.D. Mo. Mar. 26, 2021).
- Engel v. CCA, No. 4:20-cv-01914 (E.D. Mo. Apr. 5, 2021).
- Engel v. Jefferson Cnty. Courts, No. 4:20-cv-01949 (E.D. Mo. Apr. 6, 2021).
- Engel v. CO1, No. 4:20-cv-01915 (E.D. Mo. Apr. 13, 2021).
- Grace-Bey v. Sims, No. 2:21-cv-00027 (E.D. Mo. Apr. 23, 2021).
- Engel v. CCA, No. 4:20-cv-01920 (E.D. Mo. May 6, 2021).
- Engel v. Religious Servs., No. 4:20-cv-01898 (E.D. Mo. May 5, 2021).
- Engel v. ERDCC, No. 4:20-cv-01918 (E.D. Mo. May 20, 2021).
- Woodson v. Case, No. 4:21-cv-00192 (E.D. Mo. May 14, 2021).
- Engel v. ERDCC, No. 4:20-cv-01826 (E.D. Mo. May 21, 2021).
- Lorenz v. Missouri Dep't of Corr. - Bonne Terre, MO, No. 4:21-cv-00533 (E.D. Mo. May 25, 2021).
- Shaw v. Ulman, No. 4:21-cv-00191 (E.D. Mo. June 2, 2021).
- Engel v. ERDCC, No. 4:20-cv-01822 (E.D. Mo. May 28, 2021).
- Engel v. ERDCC, No. 4:20-cv-01913 (E.D. Mo. June 29, 2021).
- Fleeman v. Missouri Dep't of Corr., No. 2:20-cv-00081 (E.D. Mo. July 9, 2021).
- Johnson v. Bruns, No. 4:21-cv-00833 (E.D. Mo. July 22, 2021).
- Dinkins v. State of MO, No. 4:21-cv-00399 (E.D. Mo. Aug. 23, 2021).
- Volner v. Lewis, No. 1:21-cv-00054 (E.D. Mo. Aug. 30, 2021).
- Blair v. Walters, No. 4:21-cv-00627 (E.D. Mo. Sept. 8, 2021).
- Tucker v. Guinn, No. 4:21-cv-00970 (E.D. Mo. Sept. 15, 2021).
- Johnson-Bey v. United States, No. 2:21-cv-00006 (E.D. Mo. Sept. 15, 2021).
- Herron v. ERDCC, No. 4:21-cv-00527 (E.D. Mo. Sept. 27, 2021).
- Taylor v. Morgan, No. 4:21-cv-01231 (E.D. Mo. Nov. 15, 2021).
- Sitton v. MECC, No. 4:21-cv-00859 (E.D. Mo. Nov. 15, 2021).
- Howard v. Precythe, No. 4:21-cv-00730 (E.D. Mo. Nov. 30, 2021).
- Fisher v. Farmington Cmty. Supervision Ctr., No. 4:21-cv-00865 (E.D. Mo. Dec. 8, 2021).
- Williamson v. Rasnic, No. 1:21-cv-00131 (E.D. Mo. Dec. 9, 2021).
- Burdiss v. Chamberlain, No. 4:21-cv-01516 (E.D. Mo. Jan. 11, 2022).
- Davidson v. Stringer, No. 4:21-cv-00931 (E.D. Mo. Jan. 10, 2022).
- Glenn-El v. Hanecock, No. 1:21-cv-00058 (E.D. Mo. Jan. 12, 2022).
- Fields v. Clark, No. 1:21-cv-00049 (E.D. Mo. Jan. 12, 2022).
- Williams v. Missouri Deparment of Corr., No. 1:21-cv-00102 (E.D. Mo. Jan. 18, 2022).
- Baalim v. Perkins, No. 4:21-cv-01341 (E.D. Mo. Feb. 1, 2022).
- Killian v. Missouri Dep't of Corr., No. 4:21-cv-01351 (E.D. Mo. Feb. 7, 2022).
- McFarland v. 21st Jud. Circuit, No. 4:21-cv-01315 (E.D. Mo. Feb. 22, 2022).
- Brown v. Missouri Dep't of Corr., No. 2:21-cv-00078 (E.D. Mo. Feb. 28, 2022).
- Malloy v. Missouri Dep't of Corr., No. 4:21-cv-00777 (E.D. Mo. Feb. 28, 2022).
- Baalim v. State of Missouri, No. 4:21-cv-01433 (E.D. Mo. Mar. 15, 2022).
- Kennemore v. State of Missouri Dep't of Mental Health, No. 4:22-cv-00180 (E.D. Mo. Apr. 26, 2022).
- Baalim v. St. Louis City Just. Ctr., No. 4:22-cv-00359 (E.D. Mo. June 22, 2022).
- Kilbreth v. State of Missouri/Missouri Prob. & Parole, No. 4:22-cv-00435 (E.D. Mo. July 8, 2022).
- Cush-El v. State of Missouri INC., No. 4:22-cv-00656 (E.D. Mo. Aug. 17, 2022).
- Davidson v. Stringer, No. 4:22-cv-00897 (E.D. Mo. Aug. 31, 2022).
- Benford v. Labor & Indus. Relations Comm., No. 4:22-cv-00058 (E.D. Mo. Aug. 23, 2022).
- Wright v. Missouri Dep't of Mental Health, No. 4:21-cv-01436 (E.D. Mo. Sept. 12, 2022).
- Kinsey v. Effan, No. 1:22-cv-00065 (E.D. Mo. Sept. 19, 2022).
- Pearson v. City of St. Louis, No. 4:22-cv-00806 (E.D. Mo. Sept. 19, 2022).
- Small v. Megabus, No. 4:22-cv-00739 (E.D. Mo. Oct. 3, 2022).
- Pate v. Precythe, No. 2:22-cv-00050 (E.D. Mo. Oct. 4, 2022).
- Davidson v. State of Missouri, No. 4:22-cv-00898 (E.D. Mo. Oct. 13, 2022).
- Crandall v. Armijo, No. 4:22-cv-01109 (E.D. Mo. Oct. 25, 2022).
- Cush-El v. State of Missouri Inc., No. 4:22-cv-01164 (E.D. Mo. Nov. 7, 2022).
- Gilmore v. State of Missouri, No. 1:22-cv-00133 (E.D. Mo. Nov. 22, 2022).
- Sullivan v. State of Missouri, No. 2:22-cv-00058 (E.D. Mo. Nov. 18, 2022).
- Ross v. Town & Country Mun. Ctr., No. 4:22-cv-01197 (E.D. Mo. Dec. 7, 2022).
- Coger v. Poplar Bluff Police Dep't, No. 1:22-cv-00158 (E.D. Mo. Dec. 16, 2022).
- Ross v. Victims Bus. State of Missouri Gov't, No. 4:23-cv-00102 (E.D. Mo. Jan. 31, 2023).
- McKinnies v. McCulley, No. 4:23-cv-00080 (E.D. Mo. Feb. 3, 2023).
- Coleman-Bey v. McGraugh, No. 4:23-cv-00298 (E.D. Mo. Mar. 15, 2023).
- Oreyana v. Stange, No. 1:23-cv-00036 (E.D. Mo. May 3, 2023).
- McAfee v. State of Missouri, No. 4:23-cv-00526 (E.D. Mo. July 10, 2023).
- Rios Rosa v. Lewis, No. 1:23-cv-00139 (E.D. Mo. Aug. 28, 2023).
At page 620 Requiring clear statement of individual capacity to sue20 citing cases“neither a cryptic hint in a plaintiffs complaint nor a statement made in response to a motion to dismiss is sufficient.”
- Powell v. Alexander, 391 F.3d 1 (1st Cir. 2004).published
- St. Louis Fire Fighters Ass'n Int'l Ass'n of Fire Fighters Local 73 William Rudden Edwin F. Libby John F. Welch Ralph E. Break Michael T. Donovan William O. Hill William O. Smith Irvin M. Sprous Timothy v. Tyebo Dwight C. Cross Cecil E. Morris Charles J. Zoeller Timothy J. May Ronald Gronemeyer Mark R. Duffy v. City of St. Louis, Missouri, Firefighters' Inst. for Racial Equality Charles Bates Nathanial Sutherland Joseph Jones Gilbert Vaughn Eugene Stanton Roland Logan Leroy Harris, Intervenors- Defendants- St. Louis Fire Fighters Ass'n Int'l Ass'n of Fire Fighters Local 73 William Rudden Edwin F. Libby John F. Welch Ralph E. Break Michael T. Donovan William O. Hill William O. Smith Irvin M. Sprous Timothy v. Tyebo Dwight C. Cross Cecil E. Morris Charles J. Zoeller Timothy J. May Ronald Gronemeyer Mark R. Duffy v. City of St. Louis, Missouri, Firefighters' Inst. for Racial Equality Charles Bates Nathanial Sutherland Joseph Jones Gilbert Vaughn Eugene Stanton Roland Logan Leroy Harris, Intervenors- Defendants- Firefighters' Inst. for Racial Equality Charles Bates Nathanial Sutherland Joseph Jones Gilbert Vaughn Eugene Stanton Roland Logan Leroy Harris, Cross Claimants-Appellants v. City of St. Louis, Missouri, Cross, 96 F.3d 323 (8th Cir. 1996).published
- William A. Larson v. Gary Kempker Michael Kemna George Lombardi, 405 F.3d 645 (8th Cir. 2005).published
- William A. Larson v. Gary Kempker Michael Kemna George Lombardi, 414 F.3d 936 (8th Cir. 2005).published
- LaFee v. Winona Cnty., 655 N.W.2d 662 (Minn. Ct. App. 2003).published
- Holmstedt v. York Cnty. Jail Supervisor, 745 N.W.2d 317 (Neb. 2008).published
- Swanson v. Van Otterloo, 993 F. Supp. 1224 (N.D. Iowa 1998).published
- Lopez-Buric v. Notch, 168 F. Supp. 2d 1046 (D. Minn. 2001).published
- Lansdown v. Chadwick, 152 F. Supp. 2d 1128 (W.D. Ark. 2000).published
- William A. Larson v. Gary Kempker, No. 04-2220 (8th Cir. May 2, 2005).published
Show 10 more citing cases
- William A. Larson v. Gary Kempker, No. 04-2220 (8th Cir. July 15, 2005).published
- In re Polaris Mktg., Sales Practices, & Prods. Liab. Litig., No. 0:18-cv-00939 (D. Minn. Feb. 26, 2020).
- Aery v. Arhart, No. 0:21-cv-02375 (D. Minn. June 9, 2022).
- Latimer v. Schnell, No. 0:23-cv-00190 (D. Minn. Mar. 14, 2023).
- Larson v. Walz, No. 0:23-cv-03664 (D. Minn. June 12, 2024).
- Rinne v. City of Beatrice, No. 4:18-cv-03037 (D. Neb. Nov. 5, 2019).
- Paez v. Nutsch, No. 4:20-cv-03108 (D. Neb. Feb. 18, 2021).
- St. Louis Fire Fighters Ass'n Int'l Ass'n of Fire Fighters Local 73 v. City of St. Louis, 96 F.3d 316 (8th Cir. 1996).published
- Powers v. City of Ferguson, 229 F. Supp. 3d 894 (E.D. Mo. 2017).published
- Nygard v. Orono, City of, No. 0:23-cv-00509 (D. Minn. Jan. 5, 2024).“In Minnesota, § 1983 claims are governed by the six-year limitations period of Minnesota’s personal-injury statute.”
At page 617 Reviewing claims under Title IX and Title VI22 citing casesfinding the applicable statute of limitations for Title IX to be the one used for section 1983 actions
- Stafford v. George Washington Univ., 578 F. Supp. 3d 25 (D.D.C. 2022).published (rejecting application of limitations period in Minnesota Human Rights Act)
- Betty Gross v. Robert Weber, 186 F.3d 1089 (8th Cir. 1999).published (finding the applicable statute of limitations for Title IX to be the one used for section 1983 actions)
- Betty Ann Gross v. Robert R. Weber Sisseton Sch. Dist. No. 54-9, 186 F.3d 1089 (8th Cir. 1999).published (finding the applicable statute of limitations for Title IX to be the one used for section 1983 actions)
- Walker v. Barrett, 650 F.3d 1198 (8th Cir. 2011).published
- Sherry Aaron v. Brown Grp., Inc., 80 F.3d 1220 (8th Cir. 1996).published
- Fugen Cetin v. Purdue Univ., 94 F.3d 647 (7th Cir. 1996).unpublished
- Ivani Contracting Corp. v. City of New York, 103 F.3d 257 (2d Cir. 1997).published
- Faibisch v. Univ. of Minnesota, 304 F.3d 797 (8th Cir. 2002).published
- Peter M. Gaona Annah M. Gaona v. Town & Country Credit the Chase Manhattan Bank, 324 F.3d 1050 (8th Cir. 2003).published
- Nelson v. Univ. of Maine Sys., 914 F. Supp. 643 (D. Me. 1996).published
Show 8 more citing cases
- Birmingham by Birmingham v. Omaha Sch. Dist., 17 F. Supp. 2d 859 (W.D. Ark. 1998).published
- Foster v. Minnesota, 224 F. Supp. 3d 811 (D. Minn. 2016).published
- Monger v. Purdue Univ., 953 F. Supp. 260 (S.D. Ind. 1997).published
- Schultzen v. Woodbury Cent. Cmty. Sch. Dist., 217 F.R.D. 469 (N.D. Iowa 2003).published
- Willis Elec. Co. v. Polygroup Ltd., No. 0:15-cv-03443 (D. Minn. Feb. 3, 2020).
- Webb v. State of South Dakota, No. 3:23-cv-03017 (D.S.D. Dec. 8, 2023).
- Seeman v. Rice Cnty., No. 0:20-cv-01085 (D. Minn. Sept. 13, 2024).
- Blackwell v. City of Saint Paul, No. 0:25-cv-01048 (D. Minn. Mar. 27, 2025).
v.
HIBBING COMMUNITY COLLEGE; Minnesota Community College System; State of Minnesota; Myron Schmidt; Anthony Kuznik; And Jerry Krause, Appellees
Jane Marie Egerdahl claims that the State of Minnesota, the Minnesota Community College System, Hibbing Community College (“Hibbing”), and three Hibbing employees discriminated against her on the basis of race and gender and, therefore, violated Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (“Title IX”), 42 U.S.C. § 1981, 42 U.S.C. § 1983, Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (“Title VI”), and the Equal Protection Clause of the Fourteenth Amendment. The District Court dismissed Egerdahl’s suit. We reverse the District Court’s dismissal of Egerdahl’s Title IX and Title VI claims, but affirm its decision to dismiss her § 1981, § 1983, and equal-protection claims.
I.
During the fall of 1992, Jane Marie Eger-dahl, who is part Native American, enrolled in a chemistry class at Hibbing Community College, a state-run school that receives federal funds. Egerdahl claims that Jerry Krause, a chemistry instructor at Hibbing, engaged in a pattern of discriminatory treatment based on Egerdahl’s race and gender. According to Egerdahl, she reported Krause’s conduct to Hibbing’s Dean, Myron Schmidt, and its President, Anthony Kuznik, but the discrimination continued throughout the fall semester.
On October 1,1993, Egerdahl filed charges with the Minnesota Department of Human Rights, claiming that the defendants had violated the Minnesota Human Rights Act (“MHRA”), Minn.Stat. § 363.03. Egerdahl then withdrew her charge with the Department of Human Rights arid, on June 7, 1994, filed this complaint in federal court, alleging violations of Title IX, § 1981, § 1983, the Equal Protection Clause, the MHRA, and state tort law. She later amended her complaint to drop her state-law claims and to add a claim under Title VI.
The District Court dismissed Egerdahl’s suit. It held that Egerdahl’s Title VI and Title IX claims were governed by the MHRA’s one-year statute of limitations, Minn.Stat. § 363.06, subd. 3, and that this limitations period had run before Egerdahl filed suit in federal court. The District Court also held that the Eleventh Amendment barred Egerdahl’s § 1981, § 1983, and equal-protection claims.
II.
Egerdahl argues that the District Court erred by holding that the MHRA’s one-year statute of limitations governs Title VI and Title IX claims. She asserts that the appropriate statute of limitations is the six-year limitations period of Minnesota’s personal-injury statute, Minn.Stat. § 541.05, subd. 1(5). We agree.
When, as in the case of Title VI and Title IX, a federal statute does not contain a limitations period, courts must select “the most appropriate or analogous state statute of limitations.” Goodman v. Lukens Steel Company, 482 U.S. 656, 660, 107 S.Ct. 2617, 2620, 96 L.Ed.2d 572 (1987). The District Court relied on its decision in Deli v. University of Minnesota, 863 F.Supp. 958 (D.Minn.1994), which held that the MHRA’s limitations period should apply to Title IX claims because “[b]oth the MHRA and Title IX proscribe discrimination in educational institutions on the basis of gender and essentially seek to make whole the victims of such discrimination.” Id. at 962. [1] In addition, the District Court extended the reasoning that it employed in Deli to Title VI claims. It concluded that because Title VI and the MHRA both prohibit racial discrimination by[*618] educational institutions, [2] the MHRA’s one-year limitations period should govern claims .under Title VI as well as those under Title IX.
We think that the District Court’s decision is inconsistent with Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), which held that 42 U.S.C. § 1983 claims are subject to the limitations period in each state’s personal-injury statute. [3] In Wilson, the Supreme Court rejected the argument that § 1983 claims should be governed by the period of limitations in states’ civil-rights statutes. The Court held that § 1983 claims are better characterized as personal-injury actions because it is unlikely that the limitations period for personal-injury actions “ever was, or ever would be, fixed in a way that would discriminate against federal claims, or be inconsistent with federal law in any respect.” Id. at 279, 105 S.Ct. at 1949. The same reasoning applies to Title VI and Title IX claims.
Moreover, the District Court’s decision fails to take into account the federal interest in uniformity and certainty. See id. at 275, 105 S.Ct. at 1946. “Title VI is a civil rights statute [that is] closely analogous to sections 1983 and 1981.” Baker v. Board of Regents of State of Kan., 991 F.2d 628, 631 (10th Cir.1993). Indeed, a plaintiff suing a federally-supported program for racial discrimination may bring a claim under any one of these three laws. Because the Supreme Court has characterized both § 1983 and § 1981 as personal-injury statutes, see Goodman, 482 U.S. at 661-62, 107 S.Ct. at 2621, Title VI claims should also be governed by the limitations period in Minnesota’s personal-injury statute. See Taylor v. Regents of Univ. of Cal., 993 F.2d 710, 712 (9th Cir.1993), ce rt. denied, — U.S. -, 114 S.Ct. 890, 127 L.Ed.2d 83 (1994) (Title VI claims should be governed by the same statute of limitations that applies to § 1983 claims); Baker, 991 F.2d at 631 (characterizing Title VI claims as personal-injury actions “promotes a consistent and uniform framework by which suitable statutes of limitations can be determined for civil rights claims.”); Chambers v. Omaha Pub. Sch. Dist., 536 F.2d 222, 225 n. 2 (8th Cir.1976) (Title VI claims are “controlled by the same considerations which inhere in ... § 1981 and § 1983 claims.”).
As for Title IX, it is also analogous to § 1983 — both statutes prohibit gender discrimination by state-run schools that receive federal funds. See Bougher v. University of Pittsburgh, 882 F.2d 74, 77-78 (3d Cir.1989). Furthermore, “Title IX was patterned after Title VI.... Except for the substitution of the word ‘sex’ in Title IX to replace the words ‘race, color or national origin’ in Title VI, the two statutes use identical language to describe the benefited class.” Cannon v. University of Chicago, 441 U.S. 677, 694-95, 99 S.Ct. 1946, 1956-57, 60 L.Ed.2d 560 (1979). Therefore, Title IX should be subject to the same limitations period that applies to § 1983 and Title VI.
We hold that the six-year limitations period of Minn.Stat. § 541.05, subd. 1(5) governs Title VI and Title IX claims. Because this six-year period did not expire before Eger-dahl filed suit in federal court, we reverse the District Court’s dismissal of Egerdahl’s Title VI and Title IX claims.
III.
Egerdahl also appeals the dismissal of her § 1981, § 1983, and equal-protection claims. We affirm as to these claims.
A.
We first address Egerdahl’s argument that Congress abrogated Minnesota’s Eleventh Amendment immunity from Egerdahl’s equal-protection claims. Generally,[*619] “in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment.” Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 908, 79 L.Ed.2d 67 (1984). Congress may pass legislation under the Commerce Clause or Section 5 of the Fourteenth Amendment to override states’ Eleventh Amendment immunity. See Pennsylvania v. Union Gas Co., 491 U.S. 1, 14-23, 57, 109 S.Ct. 2273, 2281-2286, 2296, 105 L.Ed.2d 1 (1989); Fitzpatrick v. Bitzer, 427 U.S. 445, 456, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976). But Congress must make its intention to abrogate states’ immunity “unmistakably clear in the language of the statute.” Atascadero State Hospital v. Scanlon, 473 U.S. 234, 242, 105 S.Ct. 3142, 3147, 87 L.Ed.2d 171 (1985).
Egerdahl asserts that 42 U.S.C. § 2000d-7(a)(1) overrides states’ immunity from equal-protection claims that are brought in suits that also allege violations of Title VI or Title IX. Section 2000d-7(a)(l) provides that
[a] State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 ..., title IX of the education amendments of 1972 ..., the. Age Discrimination Act of 1975 ..., title VI of the Civil Rights Act of 1964 ..., or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.
Although section 2000d-7(a)(l) does abrogate states’ Eleventh Amendment immunity from Title VI and Title IX claims, see Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60, 72, 112 S.Ct. 1028, 1036, 117 L.Ed.2d 208 (1992), it does not even mention the Equal Protection Clause. Section 2000d-7(a)(1), therefore, does not provide unmistakable evidence of a congressional intent to override states’ immunity from equal-protection claims, whether or not these claims are brought in suits that also allege violations of Title VI or Title IX. [4]
B.
Finally, Egerdahl argues that the District Court erred by holding that her § 1981 and § 1983 claims against Kuznik, Schmidt, and Krause were barred by the Eleventh Amendment because she failed to sue these defendants in their personal capacities.
The Eleventh Amendment does not prevent a plaintiff from seeking damages from a state official if she sues- the official in his personal capacity. See, e.g., Scheuer v. Rhodes, 416 U.S. 232, 238, 94 S.Ct. 1683, 1687, 40 L.Ed.2d 90 (1974). In Nix v. Norman, 879 F.2d 429 (8th Cir.1989), we held that a plaintiff who wishes to sue a state official in his personal capacity must so specify in her complaint. Id. at 431. If a plaintiffs complaint is silent about the capacity in which she is suing the defendant, we interpret the complaint as including only official-capacity claims. See DeYoung v. Patten, 898 F.2d 628, 635 (8th Cir.1990), overruled on other grounds by Forbes v. Arkansas Educ. Television Communication Network Found., 22 F.3d 1423 (8th Cir.) (en banc), cert. denied, — U.S. -, 115 S.Ct. 500, 130 L.Ed.2d 409 (1994). Citing Nix and De-Young, the District Court held that because Egerdahl’s amended complaint did not indicate that she was suing Kuznik, Schmidt, and Krause in their personal capacities, Egerdahl sued these defendants only in their official capacities. -
Egerdahl asserts that because the caption and body of her complaint referred to Kuz-nik, Schmidt, and Krause by name rather than by official position, her complaint pro[*620] vided these three defendants with ample notice that she was suing them in their personal capacities. Egerdahl also points out that in her response to the motions of Kuznik, Schmidt, and Krause to dismiss her § 1981 and § 1983 claims, she asked the District Court to construe her amended complaint as seeking damages from the defendants in their personal capacities. Egerdahl contends that this request provided the defendants with sufficient notice. We reject both arguments. Nix requires that a plaintiffs complaint contain a clear statement of her wish to sue defendants in their personal capacities. Neither a cryptic hint in a plaintiffs complaint nor a statement made in response to a motion to dismiss is sufficient.
Egerdahl also argues that the District Court erred by not permitting her to correct her omission by amending her complaint a second time. The decision whether to allow a party to amend her complaint “is left to the sound discretion of the district courts.” Humphreys v. Roche Biomedical Laboratories, Inc., 990 F.2d 1078, 1081 (8th Cir.1993). A district court may refuse to grant leave to amend if the plaintiff had an earlier opportunity to cure a defect in her complaint but failed to do so. Wright, Miller & Kane, Federal Practice and Procedure § 1487, at 643-45 (2d ed. 1990); see, e.g., Smith v. Ayres, 845 F.2d 1360, 1366 (5th Cir.1988). Egerdahl had such an opportunity when she amended her complaint the first time. Moreover, six days before Egerdahl amended her complaint, Kuznik and Schmidt filed a motion to dismiss which cited Nix and DeYoung and, thus, informed Egerdahl how to sue the defendants in their personal capacities. In light of Egerdahl’s lack of diligence, we do not think that the District Court abused its discretion by denying her leave to amend her complaint a second time.
IV.
For these reasons, we affirm the District Court’s dismissal of Egerdahl’s § 1981, § 1983, and equal-protection claims, but reverse its dismissal of Egerdahl’s Title VI and Title IX claims. We remand this cause to the District Court for further proceedings consistent with this opinion.
. The MHRA provides:
It is an unfair discriminatory practice:
(1) To discriminate in any manner in the full utilization of or benefit from any educational institution, or the services rendered thereby to any person because of race, color, ... [or] sex....
Minn.Stat. § 363.03, subd. 5.
Under Title IX,
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.
. Title VI provides:
No person in the United States shall, on grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program receiving federal assistance.
. In Minnesota, § 1983 claims are governed by the six-year limitations period of Minnesota's personal-injury statute, Minn.Stat. § 541.05, subd. 1(5). Berg v. Groschen, 437 N.W.2d 75, 77 (Minn.App.1989).
. Egerdahl cites Sharif by Salahuddin v. New York State Educ. Dept., 709 F.Supp. 345 (S.D.N.Y.1989), a Title IX case in which the court held that the Eleventh Amendment did not bar the plaintiff from also bringing an equal-protection claim against the New York State Education Department. See id. at 358. But Sharif does not provide support for Egerdahl's argument. The plaintiff in Sharif sought an injunction against the Commissioner of Education. Sharif is simply an example of the Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), exception to the Eleventh Amendment, which permits suits against state officials for "prospective injunctive relief to prevent a continuing violation of federal law.” Green v. Mansour, 474 U.S. 64, 68, 106 S.Ct. 423, 426, 88 L.Ed.2d 371 (1985).