At a pre-trial hearing, a federal judge in the Southern District of Ohio has dismissed a civil rights and negligence case against UC, a professor and its Ombudsman, Lillian Santa Maria. Plaintiff Cynthia McConaughy, a student, claimed that the defendants wrongfully denied her pregnancy leave and then retaliated, causing her to drop out.
McConaughy's lawsuit alleged Title IX discrimination and included a claim that the UC Ombuds was negligent for not informing her about medical leave and gave ineffective advice. Even without considering the details of the alleged negligence (were not included court's written decision), the court held that the plaintiff's claim against the Ombuds was barred by the Eleventh Amendment to the Constitution which bars a state law negligence claim against a state university in federal court. The court also held that the the plaintiff could not pursue negligence claims against the Ombuds in her individual capacity because she is entitled to immunity under state law. The court dismissed all of the plaintiff's claims without leave to amend. (McConaughy v. Univ. of Cincinnati, 2011 U.S. Dist. LEXIS 41090 (S.D. Ohio Apr. 15, 2011).)
The case comes out of the trial court so it does not create any precedent. Nonetheless, it does give some indication of the defenses available to Ombuds working in the public sector.
The case comes out of the trial court so it does not create any precedent. Nonetheless, it does give some indication of the defenses available to Ombuds working in the public sector.
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