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STURDEVANT v. PAULSEN

No. 99-1276.

218 F.3d 1160 (2000)

Katherine S. STURDEVANT, Plaintiff-Appellee, v. Marijane A. PAULSEN, individually and in her official capacity as President of Pikes Peak Community College; Edwin Ray, individually and in his official capacity as Vice President for Educational Services of Pikes Peak Community College; Jane Abbott, individually and in her official capacity as Dean of the Division of Communications, Humanities and Social Sciences of Pikes Peak Community College, Defendants, and State Board of Community Colleges and Occupational Education, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 10, 2000.

Attorney(s) appearing for the Case

Christine M. Arguello, Deputy Attorney General (Ken Salazar, Attorney General and Antony B. Dyl, Assistant Attorney General with her on the briefs), Denver, Colorado, for the Appellant.

Sharyn E. Dreyer (Martha R. Houser, Cathy L. Cooper, and Bradley C. Bartels with her on the brief), Colorado Education Association, Denver, Colorado, for the Appellee.

Before SEYMOUR and LUCERO, Circuit Judges, and ELLISON, Senior District Judge.

LUCERO, Circuit Judge.

This interlocutory appeal of the district court's denial of Eleventh Amendment immunity presents the legal issue of whether the Colorado State Board for Community Colleges and Occupational Education ("the Board") is an "arm of the state" for purposes of the Eleventh Amendment. Resolution of this issue requires an inquiry into the financial relationships between the state and the Board, as well as the Board's degree of autonomy, but fundamentally...

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