Tuesday, June 17, 2003
Hibbs and Raygor applied in the W.D. Va. corrections officer case
In Fields v. Commonwealth of Virginia, Judge Jones of the W.D. Va. denied the Commonwealth's motion to dismiss plaintiff's claims for money damaged under the Family and Medical Leave Act, applying the Supreme Court's recent decision in Nevada Department of Human Resources v. Hibbs, but dismissed for lack of subject matter jurisdiction the plaintiff's state law claims, applying the Supreme Court's recent decision in Raygor v. Regents of the University of Minnesota, which held that the supplemental jurisdiction statute, 28 U.S.C. 1367, is unconstitutional as applied to claims against unconsenting states.