United States Fifth Circuit

Public employees are subject to individual liability under the Family and Medical Leave Act (FMLA). In a suit alleging, inter alia, wrongful termination for plaintiff's exercising her First Amendment rights and taking leave under the FMLA, denial of summary judgment for defendant is reversed in part as to the FMLA claim where defendant was entitled to qualified immunity on that claim because it was not clearly established that public employees are subject to individual liability under the FMLA when defendant terminated plaintiff's employment.

Appellate Information

• Decided 09/13/2006
• Published 09/14/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kevin Thomas O'Hanlon, Leslie Louise McCollom (argued), O'Hanlon & Associates, Austin, TX, for Modica., Lars Hagen (argued), Austin, TX, for Humphrey.