Legal Opinion
Ramirez v. State ex rel. Children, Youth & Families Department
New Mexico Court of Appeals
Decided May 1, 2014No. 34,613; Docket No. 31,820PublishedCited by 3 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} Plaintiff, a member of the New Mexico National Guard, filed suit pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 to 4335 (1994, as amended through 2011), against his former employer, the New Mexico Children, Youth, and Families Department (CYFD), following his termination. The issue presented by this appeal is whether CYFD, as an arm of the State, is entitled to constitutional state sovereign immunity in regard to Plaintiffs claim. Because we determine that Congress cannot override a state’s sovereign immunity when…
2Cases cited23 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Alden v. MaineSupreme Court of the United States · 1999
- Coleman v. Court of Appeals of MarylandSupreme Court of the United States · 2012
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3Cited by3 opinions
- Ramirez v. State Children, Youth & Families Department, Dorian DodsonNew Mexico Supreme Court · 2016
- Montano v. FrezzaNew Mexico Court of Appeals · 2015
- Ramirez v. State ex rel CYFDNew Mexico Court of Appeals · 2014