Freyre v. Chronister, No. 17-11231 (11th Cir. 2018)Annotate this Case
The Hillsborough County Sheriff's Office, in conducting child-protective investigations under a grant agreement with the Florida Department of Children and Families, does not act as an arm of the state entitled to Eleventh Amendment immunity. Plaintiff filed suit against the Sheriff's Office and others, alleging claims under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and 42 U.S.C. 1983 for infringement of her rights under the Fourteenth Amendment after her disabled child was taken from her custody based on claims of neglect.
The Eleventh Circuit held that the district court correctly denied the Sheriff's Office summary judgment on its sovereign immunity defense. Although it unquestionably had jurisdiction under the collateral order doctrine to review the question of Eleventh Amendment immunity, the court declined to exercise pendent appellate jurisdiction over the parties' remaining issues.