## Facts

- Katherine S. Sturdevant worked as a full-time history instructor at Pikes Peak Community College, part of Colorado’s community college system.
- She alleged she was wrongfully terminated.
- She brought state-law wrongful termination claims against the State Board of Community Colleges and Occupational Education (the Board) and federal claims against individual college officials.
- The Board moved to dismiss the state-law claims in federal court, asserting Eleventh Amendment immunity as an arm of the State of Colorado.
- The district court denied immunity, and the Board took an interlocutory appeal limited to the immunity ruling.

## Issues

1. Whether the State Board of Community Colleges and Occupational Education is an “arm of the state” entitled to Eleventh Amendment immunity from suit in federal court.

## Decision

- The Tenth Circuit reversed the district court’s denial of Eleventh Amendment immunity.
- The court held the Board is an arm of the State of Colorado and is immune from Sturdevant’s state-law claims in federal court.
- The case was remanded for further proceedings consistent with the immunity ruling.

## Legal Principles

- An entity qualifies for Eleventh Amendment immunity if it functions as an arm of the state rather than a political subdivision.
- The most important consideration is whether a judgment would be paid from, or otherwise adversely affect, the state treasury.
- Other relevant considerations include the extent of state control over the entity, the entity’s autonomy, the source and structure of its funding, and how state law characterizes the entity and its functions.
- Substantial state appropriations and integration into the state budgeting process support arm-of-the-state status, even absent an explicit statutory directive requiring the state to satisfy judgments.
- State appointment and oversight of governing officials, combined with statewide responsibility for higher-education policy, weighs in favor of immunity and supports treating the entity like a state university governing board rather than a local school district.

## Conclusion

The court concluded that Colorado’s community-college governing board operates as the state’s alter ego for Eleventh Amendment purposes, so it cannot be sued in federal court on state-law wrongful termination claims absent a valid waiver or abrogation of immunity.


Sturdevant v. Paulsen, 218 F.3d 1160 (10th Cir. 2000)