From Casetext: Smarter Legal Research

Mamot v. Board of Regents

United States Court of Appeals, Second Circuit
Feb 22, 2010
367 F. App'x 191 (2d Cir. 2010)

Summary

holding SUNY entitled to Eleventh Amendment immunity as an agency of the State of New York

Summary of this case from Mosier v. State Univ. of N.Y.

Opinion

No. 08-4019-cv.

February 22, 2010.

Appeal from the United States District Court for the Eastern District of New York (Dora L. Irizarry, Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on June 19, 2008, is AFFIRMED.

Patricio R. Mamot, Long Island City, NY, pro se.

Andrew M. Cuomo, Attorney General of the State of New York; Barbara D. Underwood, Solicitor General; Laura R. Johnson, Assistant Solicitor General; New York, NY, for Appellees.

PRESENT: GUIDO CALABRESI, REENA RAGGI, RICHARD D. CUDAHY, Circuit Judges.

Circuit Judge Richard D. Cudahy of the United States Court of Appeals for the Seventh Circuit, sitting by designation.


SUMMARY ORDER

Plaintiff Patricio R. Mamot, pro se, appeals from the dismissal of his complaint alleging that defendants wrongfully refused to "grandfather" him into New York State's licensing requirements for speech pathologists. We review a district court's dismissal of a complaint for lack of subject matter jurisdiction de novo. See Fed.R.Civ.P. 12(b)(1); Scherer v. Equitable Life Assurance Soc'y, 347 F.3d 394, 397 (2d Cir. 2003). In doing so, we assume the parties' familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision to affirm.

Liberally construed, Mamot's complaint alleges civil rights claims against the state defendants under 42 U.S.C. § 1983. The Eleventh Amendment bars such a federal court action against a state or its agencies absent a waiver of immunity or congressional legislation specifically overriding immunity. See Pennhurst State Sch. Hosp. v. Halderman, 465 U.S. 89, 99-100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984). It is well-established that New York has not consented to § 1983 suits in federal court, see Trotman v. Palisades Interstate Park Comm'n, 557 F.2d 35, 38-40 (2d Cir. 1977), and that § 1983 was not intended to over-ride a state's sovereign immunity, see Quern v. Jordan, 440 U.S. 332, 340-42, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979).

Here, Mamot filed his complaint against the Board of Regents, the New York State Education Department, and the University of the State of New York. As agencies of the State of New York, these defendants are all entitled to immunity under the Eleventh Amendment, and the district court lacked subject matter jurisdiction over Mamot's claims. See United States v. City of Yonkers, 96 F.3d 600, 619 (2d Cir. 1996) (holding New York State Education Department and Board of Regents immune to suit under Eleventh Amendment); Dube v. State Univ. of N.Y., 900 F.2d 587, 594 (2d Cir. 1990) (holding State University of New York entitled to Eleventh Amendment immunity). Accordingly, the district court properly granted defendants' motion to dismiss, and we affirm the judgment for the reasons articulated in this order. See ACEquip Ltd. v. Am. Eng'g Corp., 315 F.3d 151, 155 (2d Cir. 2003).

Finally, although we have jurisdiction to review the district court's order denying Mamot's motion for reconsideration under Federal Rule of Civil Procedure 59(e), we do not address the issue because Mamot has not raised any such challenge on appeal. See LoSacco v. City of Middletown, 71 F.3d 88, 92-93 (2d Cir. 1995) (holding that even pro se litigant abandons issue not raised on appeal).

We have considered Mamot's other arguments on appeal and conclude that they lack merit. Accordingly, we AFFIRM the judgment of the district court.


Summaries of

Mamot v. Board of Regents

United States Court of Appeals, Second Circuit
Feb 22, 2010
367 F. App'x 191 (2d Cir. 2010)

holding SUNY entitled to Eleventh Amendment immunity as an agency of the State of New York

Summary of this case from Mosier v. State Univ. of N.Y.

holding that SUNY is entitled to Eleventh Amendment immunity

Summary of this case from Martinez v. Queens Cnty. Dist. Attorney

finding that the New York State Education Department is an agency of the State of New York and thus entitled to immunity under the Eleventh Amendment

Summary of this case from Bleichert v. N.Y. State Educ. Dep't

affirming dismissal of Section 1983 action against New York state agency and stating that "[i]t is well-established that New York has not consented to § 1983 suits in federal court"

Summary of this case from Howery v. Chanis

affirming dismissal of Section 1983 action against New York state agency and stating that "[i]t is well-established that New York has not consented to § 1983 suits in federal court"

Summary of this case from Gault v. Admin. Fair Hearing at 14 Boerum Place

affirming dismissal of Section 1983 action against New York state agency and stating that "[i]t is well-established that New York has not consented to § 1983 suits in federal court"

Summary of this case from Poole v. Nassau Cnty. Jail

affirming dismissal of Section 1983 action against New York state agency and stating that "[i]t is well-established that New York has not consented to § 1983 suits in federal court"

Summary of this case from Poole v. Armor Corr. Health Servs.

affirming dismissal of Section 1983 action against New York state agency and stating that "[i]t is well-established that New York has not consented to § 1983 suits in federal court"

Summary of this case from Poole v. Nassau Cnty.

affirming dismissal of § 1983 case against Legal Aid Society with citation to Rodriguez

Summary of this case from Townsend v. New York

affirming dismissal of Section 1983 action against New York state agency and stating that "[i]t is well-established that New York has not consented to § 1983 suits in federal court"

Summary of this case from Leogrande v. New York
Case details for

Mamot v. Board of Regents

Case Details

Full title:Patricio R. MAMOT, Plaintiff-Appellant, v. The BOARD OF REGENTS, The New…

Court:United States Court of Appeals, Second Circuit

Date published: Feb 22, 2010

Citations

367 F. App'x 191 (2d Cir. 2010)

Citing Cases

Martinez v. Queens Cnty. Dist. Attorney

Neither New York nor Pennsylvania has consented to Section 1983 suits in federal court. See Mamot v. Bd. of…

Townsend v. New York

It is equally "well[] established that New York has not consented to § 1983 suits in federal court." Mamot v.…