Legal Opinion

Ricardo Diaz v. Michigan Dep't of Corrections

Court of Appeals for the Sixth Circuit

Decided January 7, 2013No. 11-1075, 11-1213PublishedCited by 445 opinions

1Opinion of the Court

OPINION

ALGENON L. MARBLEY, District Judge.

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state’s failure to comply with the family-care provision of the Family Medical Leave Act (“FMLA” or “the Act”). 538 U.S. 721, 725, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003); see generally 29 U.S.C. § 2612(a)(1)(C). After the Supreme Court’s decision, this Circuit held that a plaintiff could not bring a private suit for damages against a state official for alleged violations of the FMLA arising from claimed…

2Cases cited16 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002
  5. Green v. MansourSupreme Court of the United States · 1986

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3Cited by445 opinions

  1. Jessie Harrison v. State of MichiganCourt of Appeals for the Sixth Circuit · 2013
  2. John Russell v. Allison Lundergan-GrimesCourt of Appeals for the Sixth Circuit · 2015
  3. Adam Kanuszewski v. Mich. Dep't of Health & Human Servs.Court of Appeals for the Sixth Circuit · 2019
  4. Doe v. Ohio State UniversityDistrict Court, S.D. Ohio · 2016
  5. Gerald Morgan v. Bd. of Prof. Responsibility of the Supreme Court of Tenn.Court of Appeals for the Sixth Circuit · 2023

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