Legal Opinion
Clark v. Va. Dep't of State Police
Supreme Court of Virginia
Decided December 1, 2016No. Record 151857PublishedCited by 10 opinions
1Opinion of the Court
OPINION BY JUSTICE D. ARTHUR KELSEY
A 1998 amendment to the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), see 38 U.S.C. §§ 4301 -4335, created a private right of action enforceable against States in their own courts, see 38 U.S.C. § 4323 (b)(2). In this case, the trial court held that principles of sovereign immunity barred a USERRA suit filed by Jonathan R. Clark against the Virginia Department of State Police ("VSP"), an arm of the Commonwealth. We agree and affirm.
I
Clark filed a USERRA claim against the VSP, alleging that he was denied a promotion because of his…
2Cases cited34 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hans v. LouisianaSupreme Court of the United States · 1890
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
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3Cited by10 opinions
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