Abuse of Discretion and Title II Claim

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7^th Circuit Court of Appeals

Case Name: Dustin A. King v. Marion Circuit Court, et al.

Case No.: 16-3726

Officials: EASTERBROOK, MANION, and HAMILTON, Circuit Judges.

Focus: Abuse of Discretion and Title II Claim

We need not address the merits of King’s Title II claim; another issue controls this case’s outcome. The Marion Circuit Court is a division of the State of Indiana, so King’s suit is one against Indiana itself. See Will v. Michigan Department of State Police, 491 U.S. 58 (1989). Indiana has asserted sovereign immunity. And because sovereign immunity bears on whether a federal court may hear a case, we resolve it before considering the merits. See Seminole Tribe of Florida v. Florida, 517 U.S. 44, 64–65 (1996). The district court held that Indiana does not enjoy sovereign immunity because this case falls within the abrogation of that immunity sustained in Tennessee v. Lane, 541 U.S. 509 (2004). We disagree with that conclusion.

The Circuit Court exercised that discretion in King’s case, ultimately determining that mediation was not required. King admits that the Circuit Court offered to adjudicate his claims and to provide an in-court sign language interpreter at no cost to him. Such full judicial hearings have long been considered the gold standard of due process. See Marchant v. Pennsylvania R.R., 153 U.S. 380, 387 (1894); Mathews v. Eldridge, 424 U.S. 319, 333 (1976). King does not contend that the Marion Circuit Court treats deaf litigants unfairly or that deaf litigants encounter any barrier to litigation on a par with litigants who can hear. The Circuit Court’s invitation to litigate therefore afforded King full access to court. We have now run out of theories about how awarding King damages under Title II would protect anyone’s constitutional rights. King was invited to come to the Marion Circuit Court for resolution of his domestic-relations dispute. The Circuit Court therefore did not actually violate any right falling under Lane’s “fundamental access” umbrella. Nor could abrogating sovereign immunity avert future violations. King has not suggested that any constitutional right of access to court is under threat in Marion County. All of this leads to just one conclusion—that this case has no constitutional dimension at all. Title II therefore does not abrogate sovereign immunity here, and the Marion Circuit Court re- mains immune from this suit in federal court.

The judgment of the district court is reversed, and the case is remanded with instructions to dismiss without prejudice to raising a Title II claim in state court.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.