United States Seventh Circuit

Denial of motion to dismiss based on Eleventh Amendment immunity in a case brought by a correctional officer alleging that he was fired for taking unpaid medical leave under the Family and Medical Leave Act is reversed where the self-care provisions of the Act must be evaluated separately from its abrogation of states' immunity, and the suit cannot rest on section 5 of the Fourteenth Amendment.

Appellate Information

• Argued 04/04/2006
• Decided 08/25/2006
• Published 08/25/2006

Judges

• WOOD, Circuit Judge., Before POSNER, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Robert M. Mihelich (argued), New Berlin, WI, for Plaintiff-Appellee., Richard Briles Moriarty (argued), Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Defendant-Appellant.