Dalvan M. Coger Joseph K. Davis Carolyn Thorpe Furr Lucille Golightly Thomas M. Hughes Janie S. Knight Charles E. Long, Jr. Harry Richard Mahood Ramona Madson Mahood Robert Marshall Betty Hull Owen June Rose Richie Steve Scesa Charles R. Schroeder Robert A. Snyder Bob J. Tucker Sharon L. Van Oteghen, William Welch, United States of America, Intervenor v. Board of Regents of the State of Tennessee, a Subdivision of the State of Tennessee Memphis State University, an Institution Operated by the State Board of Regents Thomas G. Carpenter, Individually and as President of Memphis State University Victor E. Feisal, Individually and as Vice-President of Academic Affairs at Memphis State University

Docket: 97-5134

Court: Court of Appeals for the Sixth Circuit; April 4, 2000; Federal Appellate Court

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Congress's 1974 amendments to the Age Discrimination in Employment Act (ADEA) were previously interpreted by the Sixth Circuit to abrogate states' Eleventh Amendment immunity, relying on Section 5 of the Fourteenth Amendment. However, the Supreme Court, in Kimel v. Florida Board of Regents, determined that while Congress expressed an intent to abrogate this immunity, such abrogation exceeded its authority under the Fourteenth Amendment. Consequently, the Sixth Circuit, re-evaluating the case after Kimel, ruled that the plaintiffs, who were faculty members, could not pursue their ADEA claims against Memphis State University, a state entity. The court vacated its previous judgment and affirmed the district court's dismissal of the ADEA action.