USA v. Michael A. Ealey

1The HONORABLE JAMES M. ROSENBLUM, United States District Judge
for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-3120
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Willis L. Waddell, *
*
Plaintiff - Appellant, * Appeal from the United States
* District Court for the
v. * District of Minnesota.
*
University of Minnesota, * [UNPUBLISHED]
*
Defendant - Appellee. *
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Submitted: June 16, 2000
Filed: July 19, 2000
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Before LOKEN, ROSS, and HANSEN, Circuit Judges.
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PER CURIAM.
Willis L. Waddell commenced this damage action after the University of
Minnesota terminated him as a Building and Grounds worker in the Facilities
Management Department. The district court1 granted the University’s motion for
summary judgment. Waddell appeals, arguing that genuine issues of material fact

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preclude summary judgment on his claim under Title II of the Americans with
Disabilities Act, 42 U.S.C. §§ 12131 et seq.
Subsequent to the district court’s ruling in this case, this court held that ADA
suits against States and their instrumentalities, such as the University of Minnesota, are
barred by Eleventh Amendment immunity. Alsbrook v. City of Maumelle, 184 F.3d
999 (8th Cir. 1999) (en banc), cert. dismissed, 120 S. Ct. 1265 (2000). Accordingly,
the district court properly dismissed the only claim that is at issue on appeal. The
judgment of the district court is affirmed. The University’s motion to dismiss the
appeal is denied as moot. Waddell’s motions to supplement the record on appeal and
for an extension of time are denied.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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