Doris Freyre v. Chad Cronister
Opinion
*1376 This interlocutory appeal asks us to determine whether the Hillsborough County Sheriff's Office ("HCSO"), in conducting child-protective investigations under a grant agreement with the Florida Department of Children and Families ("DCF"), acts as an arm of the state entitled to Eleventh Amendment immunity. The District Court held that HCSO was not an arm of the state and, for the reasons explained below, we affirm.
I.
In 1998, the Florida Legislature required DCF to transfer all responsibility for child-protective investigations in certain counties to the county sheriff.
On July 1, 2006, HCSO assumed responsibility for child-protective investigation in Hillsborough County accepted by DCF's Abuse Hotline. HCSO conducts these investigations pursuant to a grant agreement ("Grant Agreement"), the details of which we explain, where relevant, below.
On March 16, 2011, DCF received a call on its Abuse Hotline alleging that Doris Freyre had neglected her disabled child, MAF. HCSO, through child-protective investigators Jessica Pietrzak and Iris Valdez and under Sheriff David Gee's supervision, conducted an investigation that ended in the removal of MAF from Freyre's care. At a shelter hearing in state court, the judge agreed with HCSO that there was probable cause to remove MAF from Freyre's care but asked whether, instead of permanent removal, 24-hour home health care services could be obtained. The state was unable to secure those services, and MAF was temporarily hospitalized at Tampa General Hospital.
Unable to find a local, long-term placement that would meet MAF's needs, HCSO then sought to transfer MAF from Tampa General Hospital to a skilled nursing facility in Miami. Freyre was informed of the transfer and refused to consent. Freyre maintains that her father filed and served the state Attorney General's Office *1377 with a pro se petition on her behalf requesting an emergency hearing in state court. The document was filed with the court, but Freyre was unable to prove that the state office was served, and HCSO contends that none of its personnel saw this petition. In any event, MAF was transported to the nursing facility in Miami without a hearing, and died shortly thereafter.
In November 2013, Freyre brought this action against HCSO, the State of Florida, Sheriff David Gee, Jessica Pietrzak, Iris Valdez, and other individuals and entities associated with MAF's removal and transfer. In her complaint, she asserted claims under the Americans with Disabilities Act ("ADA"), the Rehabilitation Act, and
II.
As an initial matter, we must determine which issues in this case we have jurisdiction over. Sheriff Chronister 1 raises two issues on interlocutory appeal: (1) whether the District Court erred in concluding that HCSO was not entitled to Eleventh Amendment immunity; and (2) whether the District Court erred in denying HCSO summary judgment on Freyre's associational ADA claim. In addition, Freyre as cross-appellant raises two issues: (1) whether the District Court erred in granting Valdez-Corey's and Pietrzak's motions for summary judgment; and (2) whether the District Court erred in granting HCSO's motion for summary judgment on Freyre's individual ADA, Rehabilitation Act, and § 1983 claims. Although we unquestionably have jurisdiction under the collateral order doctrine to review the question of Eleventh Amendment immunity, we decline to exercise pendent appellate jurisdiction over the parties' remaining issues.
A.
Generally speaking, our Court may only hear appeals from a district court's final order.
*1378
Like many legal rules, the final judgment rule is subject to exceptions. One such exception is the collateral order doctrine articulated by the Supreme Court in
Cohen v. Beneficial Industrial Loan Corp.
,
But the same cannot be said of the other issues raised by the parties. For example, Sheriff Chronister argues that Freyre lacks standing to pursue her associational ADA claim because she "failed to show that she personally suffered exclusion, denial of benefits, or discrimination because of her association with MAF." Appellant's Br. at 31 (emphasis omitted). Even if he's right, that issue is unreviewable: in
Summit Medical Associates
, we held that "the question of standing does not fit within the collateral order doctrine."
What's true of standing is even truer of Freyre's claims as cross-appellant. The District Court's summary judgment order in favor of Valdez-Corey and Pietrzak "conclusively determine[d] [a] disputed question,"
4
but it was not "an important issue completely separate from the merits"
5
-indeed, it
was
the merits. And the District Court's grant of summary judgment is reviewable once all the claims in the case-including the claim pending against Sheriff Chronister-reach a final decision.
See
Myers v. Sullivan
,
*1379
But that's not all there is to say about jurisdiction, for even if an interlocutory order is not appealable under the collateral order doctrine, we may exercise jurisdiction under the pendent appellate jurisdiction doctrine. Under this doctrine, we may address a nonappealable decision when it is " 'inextricably intertwined' with the appealable decision or when 'review of the former decision [is] necessary to ensure meaningful review of the latter.' "
King v. Cessna AircraftCo.
,
In
Summit Medical Associates
, we considered on interlocutory appeal whether to review standing under our pendent appellate jurisdiction when appellants had properly appealed, under the collateral order doctrine, the District Court's rejection of their Eleventh Amendment immunity defense.
We should say one final thing about pendent appellate jurisdiction. At oral argument, we suggested that Freyre's claims as cross-appellant would be reviewable under our pendent appellate jurisdiction if, but only if, we reached the question of abrogation.
8
We write now to clarify that these issues-
i.e.
, the question of immunity and the merits issues raised by both parties on appeal-would not be inextricably intertwined even if we were to reach the question of abrogation. "When a plaintiff argues that Congress has abrogated sovereign immunity for a particular type of claim, we review that argument
de novo
."
Black
,
B.
Having defined the scope of this appeal, we next consider whether HCSO is entitled to Eleventh Amendment immunity when performing child-protective investigations. We review this question
de novo
.
Nat'l Ass'n of Bds. of Pharmacy v. Bd. of Regents of the Univ. Sys. of Ga.
,
The Eleventh Amendment protects states from being subject to suit in federal court. It 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.
U.S. Const. amend. XI. The Supreme Court has extended this protection to bar suits against a state in federal court brought by the state's own citizens.
Hans v. Louisiana
,
This Court uses a four-factor test to determine whether an entity is an arm of the state and thus entitled to sovereign immunity. These factors, articulated in
Manders v. Lee
,
1.
The first
Manders
factor asks us to determine how state law defines the defendant entity. Two bodies of state law are relevant here: state law concerning the status of the entity generally, and state law concerning the specific function the entity performs in the instant case.
See
Stanley
,
As to the former, we have repeatedly acknowledged that Florida sheriffs are, by default, county officers.
Stanley
,
Notwithstanding a Florida sheriff's presumptive status as a county officer, we have also held out the possibility that "[w]hen carrying out some ... functions, the sheriff may well be acting as an arm of the state."
Abusaid
,
The Grant Agreement states that "[t]he Grantee [HCSO] shall act in the capacity of an independent contractor while performing child protective services." As we explained in
Rosario v. American Corrective Counseling Services, Inc.
,
While the label of "independent contractor" serves as persuasive evidence that HCSO did not act as an agent of the state under Florida law, it is not dispositive.
See
Stoll v. Noel
,
As Sheriff Chronister points out, the Grant Agreement states that HCSO "may, during the performance of this grant, assert any privileges and immunities which are available as a result of the Grantee performing the state functions required by Chapter 39, F.S., and this Grant Agreement." Sheriff Chronister attaches much significance to this language. Appellant's Br. at 54. But in our estimation, this language simply leaves intact whatever "privileges and immunities" HCSO might have as a result of performing under the Grant Agreement. Whether there are any such privileges or immunities in the first place is a question we, interpreting the Grant Agreement under Florida law and the law of our Circuit, must decide.
All in all, we conclude that this first factor weighs against arm-of-the-state status.
2.
The second factor requires us to look at the degree of control the state exercises over the entity generally as well
*1383
as with respect to the specific function at issue. As we noted in
Abusaid
, the constitutional default rule is that Florida sheriffs are elected by county voters.
Shifting to the function here, the Grant Agreement requires HCSO to meet state-prescribed standards when conducting child-protective investigations. As Sheriff Chronister notes, this Court in
Stanley
described state-set minimum hiring qualifications as "strong indicia of state control."
Although the presence of state-prescribed standards is significant, we find here-as we did in
Stanley
,
Despite this, Sheriff Chronister argues that the Grant Agreement "is saturated with instances where DCF and the state maintain substantial control over [HCSO]." Appellant's Br. at 55. In particular, Sheriff Chronister refers to (1) HCSO's obligation to submit financial records for audit by DCF; (2) HCSO's duty to immediately notify DCF of any deaths, serious injuries, or significant accidents during child-protective investigations; and (3) performance evaluations DCF conducts of HCSO's child-protective investigations.
Sheriff Chronister also argues that HCSO wears a "state hat" when it performs child-protective investigations because the authority to do so derives from
*1384
Florida statutes. Appellant's Br. at 54. It is true that we have described as a "key question" of the
Manders
analysis the question of "
for whom
sheriffs exercise [a given] power."
Abusaid
,
Considering both the autonomy that the Grant Agreement affords HCSO and the control the state exerts through state-set standards and reporting requirements, we conclude that this factor is neutral.
3.
Although Florida sheriff's offices are generally funded entirely by county taxes,
Stanley
,
4.
This final factor, the most important of the
Manders
calculus,
13
asks us to determine whether the state treasury would be burdened by a judgment against HCSO in this matter. Sheriff Chronister argues that it would, relying almost entirely on the testimony of an HCSO employee, Major Bullara. Bullara avers that "[i]f there were to be a judgment in this matter, it would be paid strictly out of the DCF grant money provided this fiscal year." But there's reason to think that Bullara's assessment is incorrect. First, Florida law provides that Grant Agreement funds are for "providing child protective investigations,"
*1385 While this case presents an especially close call, we ultimately conclude that HCSO does not act as an arm of the state when conducting child-protective investigations pursuant to the specific Grant Agreement between HCSO and DCF.
III.
The District Court correctly denied HCSO summary judgment on its sovereign immunity defense, the only issue we review in this interlocutory appeal. We accordingly affirm the District Court's judgment and remand the case for further proceedings.
AFFIRMED and REMANDED .
Freyre filed this civil action against Sheriff David Gee in his official capacity as Sheriff of the Hillsborough County Sheriff's Office. Chad Chronister, Gee's successor, was later substituted as the named defendant for Freyre's official-capacity claim.
In
Bonner v. City of Prichard
,
Because Sheriff Chronister's challenge to Freyre's associational ADA standing is unreviewable under the collateral order doctrine, his challenge to her associational ADA claim on the merits is unreviewable a fortiori .
Livesay
,
This also applies to Sheriff Chronister's merits challenge to the associational ADA claim as well as all of Freyre's claims as cross-appellant. All of these issues are separate, legally and factually, from the legal question of whether HCSO is entitled to Eleventh Amendment immunity.
Appellant's Br. at 2.
Oral Argument at 19:35-24:52, Freyre v. Chronister , 910 F.3d 1371 (2018) (No. 17-11231), goo.gl/pzwMpJ.
At the time of the complained-of conduct, the Florida Constitution provided that "any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office." Fla. Const. art. VIII, § 1 (d) (amended 2018). But on November 6, 2018, Florida voters approved Amendment 10, which removed this language from the Florida Constitution. After amendment, this section provides that "a county charter may not abolish the office of the sheriff ... [or] transfer the duties of [the sheriff] to another officer or office." Fla. Const. art. VIII, § 1 (d) (emphasis added).
Compare, e.g.
,
The Grant Agreement casts further doubt on HCSO's status as an agent by providing that "[t]he Grantee shall not represent to others that it has the authority to bind the Grantor unless specifically authorized in writing to do so."
See
United States ex rel. Lesinski v. S. Fla. Water Mgmt. Dist.
,
Rosario
,
Reference
- Full Case Name
- Doris FREYRE, Plaintiff-Appellee, Cross-Appellant, v. Chad CHRONISTER, in His Official Capacity as Sheriff of the Hillsborough County Sheriff's Office, Defendant-Appellant, Cross-Appellee, Hillsborough County Sheriff's Office, Iris C. Valdez, Jessica Pietrzak, United States of America, Defendants-Appellees, Intervenor.
- Cited By
- 29 cases
- Status
- Published