Utah Valley State College and Two Administrators Should Have Been Dismissed from Suit

The Tenth Circuit Court of Appeals---the federal appellate court having jurisdiction over Utah---reversed a district court decision that allowed a former instructor at Utah Valley State College (UVSC) to remove his Age Discrimination in Employment Act and civil rights complaints to state court.  In Helmick v. UVSC, the Tenth Circuit ruled that once the trial court concluded that the defendants were immune from suit by the 11th Amendment and that two UVSC administrators were qualifiedly immune, the Court should have dismissed the case instead of allowing the plaintiff to remove the case to a state trial court

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