Plaintiff Angela M. Brown sued defendant Matt Briescher Missouri Department of Corrections in the United States District Court for the Eastern District of Missouri raising claims of disability discrimination under the Americans with Disabilities Act (ADA), as well as harassment and retaliation. Defendant Matt Briescher Missouri Department of Corrections moved to dismiss plaintiff’s claims under Rule 12(b)(6).
Factual Overview
Angela M. Brown, proceeding pro se, filed an employment discrimination complaint against Matt Briescher Missouri Department of Corrections (MDOC) after being hired as a Corrections Officer in June 2018. Brown alleged that she faced mistreatment, harassment, and bullying for refusing to engage in improper behavior with offenders and co-workers. She claimed she was subjected to disparate treatment, denied accommodations for her disability, and wrongfully terminated during the COVID-19 pandemic in 2020 for running a fever. Brown attached a Right to Sue letter from the U.S. Equal Employment Opportunity Commission (EEOC) dated January 22, 2023, to her complaint.
Legal Analysis
Eleventh Amendment Sovereign Immunity: The court found that MDOC, as a state agency, was entitled to Eleventh Amendment sovereign immunity from Brown’s ADA claims seeking money damages. The court noted that Congress had not properly abrogated the States’ right to sovereign immunity when enacting Title I of the ADA, which prohibits employment discrimination on the basis of disability.
Individual Liability under the ADA: The court determined that Brown could not maintain a cause of action against Briescher individually for violations of the ADA. The Eighth Circuit has held that individuals may not be sued in their individual capacities under the ADA, and several judges in the Eastern District of Missouri have concurred with this reasoning.
Failure to Exhaust Administrative Remedies: The court found that Brown had failed to exhaust her administrative remedies with regard to her claims of retaliation and harassment under the ADA and Title VII. Brown’s charge of discrimination filed with the Missouri Commission on Human Rights (MCHR) only alleged disability discrimination and did not include claims of retaliation or harassment. As a result, the court concluded that Brown could not pursue these claims in federal court.
The court granted the defendant’s motion to dismiss, finding that MDOC was entitled to Eleventh Amendment sovereign immunity, Briescher could not be held individually liable under the ADA, and Brown had failed to exhaust her administrative remedies for her retaliation and harassment claims.
Schrag on Law 