United States Ninth Circuit
Townsend v. University of Alaska, 07-35993
In a case interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) as applied to state employers, dismissal for lack of subject matter jurisdiction is affirmed where: 1) USERRA does not unequivocally abrogate states' sovereign immunity from suits by citizens in federal court; and 2) USERRA creates no cause of action against individual state employee-supervisors.
Appellate Information
- Argued 08/07/2008
- Decided 09/05/2008
- Published 09/05/2008
Judges
- Before: D.W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Donald L. Hyatt, II, New Orleans, LA, for plaintiff-appellant.
- For Appellees:
- William B. Schendel, Fairbanks, AK, for defendants-appellees.