Legal Opinion
Guerrero v. Cal. Dep't of Corr. & Rehab.
California Court of Appeal, 5th District
Decided November 6, 2018No. A147507PublishedCited by 20 opinions
1Opinion of the CourtStreeter, Acting P.J.
*1094I. INTRODUCTION
Victor Guerrero, a Mexican immigrant and aspiring California correctional officer, filed a federal action alleging discriminatory failure-to-hire against the California Department of Corrections and Rehabilitation (the CDCR), among other defendants. He pled federal and state law claims, but only his state claims allowed him to seek general damages.
The federal court dismissed Guerrero's state claims on Eleventh Amendment grounds, effectively limiting his potential money recovery to the equitable remedy of backpay. To recoup damages, Guerrero filed this action in superior court.…
2Cases cited49 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Allen v. McCurrySupreme Court of the United States · 1980
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3Cited by20 opinions
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- Doe v. Marysville Joint Unified Sch. Dist.California Court of Appeal · 2023
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