Legal Opinion
Mary Touvell v. Ohio Department of Mental Retardation and Developmental Disabilities
Court of Appeals for the Sixth Circuit
Decided September 9, 2005No. 04-4011PublishedCited by 38 opinions
1Opinion of the Court
OPINION
BOGGS, Chief Judge.
Mary Touvell appeals the district court’s dismissal for lack of subject matter jurisdiction of her claim against the Ohio Department of Mental Retardation and Developmental Disabilities (“the Department”) under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq. The district court held that the FMLA’s purported abrogation of Ohio’s Eleventh Amendment immunity was unconstitutional as it related to the “self-care” provision of the FMLA under which Touvell sought leave, and that Ohio was accordingly immune from suit. For the reasons that follow, we…
2Cases cited26 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
- United States v. MorrisonSupreme Court of the United States · 2000
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3Cited by38 opinions
- Coleman v. Maryland Court of AppealsCourt of Appeals for the Fourth Circuit · 2010
- Coleman v. Court of Appeals of MarylandSupreme Court of the United States · 2012
- Ricardo Diaz v. Michigan Dep't of CorrectionsCourt of Appeals for the Sixth Circuit · 2013
- Nelson v. University of Texas at DallasCourt of Appeals for the Fifth Circuit · 2008
- George S. Toeller v. Wisconsin Department of CorrectionsCourt of Appeals for the Seventh Circuit · 2006
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