Haven v. The Board of Trustees of Three Rivers Regional Library System et al

Filing 43

ADDENDUM to the 11/12/14 37 Order on Motion for Summary Judgment, in light of this addendum, stands as the decision of this Court, and Plaintiff's claims against the Library are dismissed. Signed by Chief Judge Lisa G. Wood on 2/13/2015. (ca)

3 the 1iuiteb .4tatto )itritt Court
for the boutbern ]Diotrict of georgia
3Iruntuitk ibiion
KAREN L. HAVEN,
Plaintiff,
CV 213-090

VS.

THE BOARD OF TRUSTEES OF THREE
RIVERS REGIONAL LIBRARY SYSTEM
and LINDA KEAN,
Defendants.

ADDENDUM TO THE NOVEMBER 12, 2014 ORDER

After entering the November 12, 2014 Order, the parties, at
the Court's request, provided supplemental briefing on the
question of whether the Eleventh Circuit's decision in Lightfoot
v. Henry County School District, 771 F.3d 776, (11th Cir. Nov.
10, 2014), should change the Court's Order finding, in part,
that Three Rivers is an "arm of the state." Upon consideration
of Lightfoot and the supplemental briefs, the Court concludes
that Lightfoot did not alter the law in this Circuit regarding
the arm of the state analysis found in Manders v. Lee, 338 F.3d
1304 (11th Cir. 2003) (en banc) . The principles set forth in
Manders still stand after Lightfoot and, more importantly, were

AO 72A
(Rev. 8/82)

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available to Plaintiff since this case's inception. Plaintiff
elected not to challenge Three Rivers' status as an arm of the
state. In fact, Plaintiff's complaint specifically alleged that
the Library is a unit of the University of Georgia system. Dkt.
no. 1, ¶ 2. She sought to amend her complaint to allege
additional facts that would lend support to her Ex parte Young
argument, but which also left standing her concession that the
Library was a unit of the University of Georgia system. See Dkt.
no. 27-1, ¶ 2. At no time during the pendency of the motion for
summary judgment did she argue otherwise. Instead, she sought
refuge under the Ex parte Young exception. The Court's request
for supplemental briefing based on Lightfoot was not an
invitation to amend the pleadings or withdraw concessions.
Additionally, the Court's determination that the Library is
an arm of the state for purposes of this case is based solely on
the specific posture of the pleadings and arguments made before
the Court. It should not be construed as a determination that
units of the Georgia Public Library Service generally are arms
of the state.
The November 12, 2014 Order, in light of this addendum,
stands as the decision of this Court, and Plaintiff's claims
against the Library are DISMISSED.

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AO 72A

(Rev. 8/82)

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SO ORDERED,

this 13TH day of February, 2015.

Z

L~'

LISA GODBEY OOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8182)