Donna Jean Wilson v. Board of Supervisors of Louisiana State University Agricultural and Mechanical College d/b/a LSU Medical School of New Orleans ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DONNA JEAN WILSON NO. 2019 CW 1328
VERSUS
BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY
AGRICULTURAL AND MECHANICAL
COLLEGE D/ B/ A LSU MEDICAL
JAN 0 61020
SCHOOL OF NEW ORLEANS
In Re: The Board of Supervisors of Louisiana State University
Agricultural and Mechanical College D/ B/ A LSU Medical
School of New Orleans, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 609, 971.
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, l JJ.
WRIT GRANTED. The trial court' s September 12, 2019 ruling
which denied the exception of lack of subject matter
jurisdiction filed by defendant, the Board of Supervisors of
Louisiana State University Agricultural and Mechanical College,
is reversed. The State of Louisiana has not waived its
sovereign immunity from claims predicated upon Title I of the
Americans with Disabilities Act. SeeReed- Salsberry v. State
Through the Department of Public Safety and Corrections, 51, 104
La. App. 2d Cir. 2/ 15/ 17), 216 Sc. 3d 226, writ denied, 2017-
0494 ( La. 5/ 26/ 17), 221 So. 3d 81; Holliday v. Board of
Supervisors of LSU Agricultural and Mechanical College, 2014-
0585 ( La. 10/ 15/ 14), 149 So. 3d 227. Moreover, we find no
unequivocal waiver of sovereign immunity by defendant' s actions
herein or the adoption of similar policies and procedures.
Accordingly, the exception of lack of subject matter
jurisdiction is granted, and plaintiff' s claims asserted under
the Americans with Disabilities Act are dismissed.
VGW
JMG
WJB
COURT OF APPEAL, FIRST CIRCUIT
f r
DEPUTYCLERKOF COURT
FOR THE COURT
Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.