Where a woman asserted federal claims against the Nottoway County Electoral Board following her termination from the General Registrar’s Office, but the Board and its members were entitled to Eleventh Amendment immunity, the woman’s constitutional claims were dismissed.
Background
Sharon Caldwell served 20 years in the General Registrar’s Office for Nottoway County. On Sept. 24, 2021, the Nottoway County Electoral Board and interim General Registrar Zachary Baldwin terminated Caldwell’s appointments as Officer of Election and Assistant Registrar. She alleges these terminations violated federal and Virginia law, and seeks reinstatement as well as monetary damages. Defendants have filed motions to dismiss.
Jurisdiction
The issue of whether the Board “is to be treated as an arm of the State” and protected by Eleventh Amendment immunity or “instead to be treated as a municipality” to which no immunity applies “turns upon the nature of the entity created by state law.” Thus, if the court determines that the record indicates the Board is more like an arm of the state than it is like a municipality, it may assert Eleventh Amendment immunity.
Here, it is clear that localities “have no measurable control over the appointment, discharge, compensation, duties, or policies of the electoral boards. These are matters of state concern entrusted to state agencies.” Therefore, this court concludes that the Board is an arm of the state for purposes of Eleventh Amendment immunity....
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