Missouri Court of Appeals, Eastern District / Apr 23, 2024
Susan Hays, Respondent, vs. State of Missouri, Department of Corrections, Appellant.
Susan Hays prevailed on a Missouri Human Rights Act claim against the State of Missouri Department of Corrections (DOC), and the trial court applied a 1.5 multiplier to her attorneys' fees. DOC appealed, arguing that sovereign immunity barred the use of a multiplier. The appellate court dismissed the appeal, holding that DOC failed to preserve its sovereign immunity argument at the trial level and that sovereign immunity in this context is not a jurisdictional issue that can be raised for the first time on appeal. The court remanded the case for the trial court to determine and award Hays reasonable appellate attorneys' fees.