UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1475
RALPH STEWART, JR.,
Plaintiff – Appellant,
v.
VIRGINIA COMMONWEALTH UNIVERSITY; VCU/VCU HEALTH SYSTEM; VCU
MEDICAL CENTER/MEDICAL COLLEGE OF VIRGINIA FOUNDATION;
MCV/MCV PHYSICIANS; MCV HOSPITALS AUTHORITY; JOHN DUVAL;
MARIA CURRAN; DONNA STEIGLEDER; MARIE GREENWOOD; SHARON
JAHN; DEBORAH SLAYDEN; PETER RING; DUANE JACKSON; TERI
KUTTENKULER; DAVID HOULETTE; ANTOINETTE LIGHT,
Defendants – Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:09-cv-00738-HEH)
Submitted: February 28, 2011 Decided: March 4, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Ralph Stewart, Jr., Appellant Pro Se. Gregory Clayton Fleming,
Senior Assistant Attorney General, Richmond, Virginia, Jean
Freeman Reed, General Counsel, VCU HEALTH SYSTEM AUTHORITY,
Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Ralph Stewart, Jr., appeals the district court’s order
dismissing his civil complaint filed pursuant to Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 2000e
to 2000e-17 (West 2005 & Supp. 2010) (“Title VII”), and the
Americans with Disabilities Act of 1990, 42 U.S.C.A. §§ 12101 to
12213 (West 2005 & Supp. 2010) (“ADA”). We have reviewed the
record and find no reversible error, with the exception of
Stewart’s claim alleging Title VII violations against Virginia
Commonwealth University (“VCU”), VCU Health System, Medical
College of Virginia Foundation, and MCV Hospitals Authority.
Accordingly, we affirm those portions of the judgment for the
reasons stated by the district court. See Stewart v. VCU, No.
3:09-cv-00738-HEH (E.D. Va. Mar. 23, 2010).
The district court dismissed the complaint against VCU
and its allied medical facilities on Eleventh Amendment immunity
grounds. However, the Supreme Court has held that, in enacting
Title VII, Congress properly abrogated the states’ Eleventh
Amendment immunity for such suits. See Fitzpatrick v. Bitzer,
427 U.S. 445, 456-57 (1976) (holding that Title VII of the Civil
Rights Act of 1964 abrogates the states’ Eleventh Amendment
immunity). Therefore, the district court erred in dismissing
Stewart’s Title VII claim against VCU and its allied medical
facilities on this basis. Accordingly, we vacate the judgment
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as to these parties, affirm in all other respects, and remand
for proceedings consistent with this opinion. We further deny
Stewart’s motion to strike. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED
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