Constitutional Law Keyed to Cohen
Nevada Departmetn of Human Resources v. Hibbs
Hibbs (P) was an employee of the Nevada Department of Welfare (D). He requested and got the full 12 weeks of FMLA leave to care for his sick wife, but failed to turn up after that period had expired. He was therefore terminated. He brought a federal case against the Department (D) on the ground that his family care rights under FMLA had been violated, and asked for money damages, injunction and declaration of his rights by the court. The district court granted summary judgment against him on the ground that his claim was not sustainable under the Eleventh Amendment, and that no Fourteenth Amendment rights were violated in this case. The federal court of appeals reversed the decision, and the Department (D) appealed.
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