Friday, January 18th, 2008

Alaska Supreme Court: Sovereign Immunity

The Court’s opinion today in Glover v. State, DOTPF, MMHS, Op. No. 6222 (Alaska Jan. 18, 2008), covers important issues surrounding sovereign immunity (federal abrogation, constructive consent), pre-emption (discrimination against federal claims), access to courts, and Equal Protection.  The Court (per Justice Carpeneti) compliments Superior Court Judge Patricia Collins by incorporating a major part of her […]

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Filed under Preemption, Sovereign immunity

Friday, January 18th, 2008

9th Cir: Proximity and Adverse Employment Action

A law enforcement officer alleged that his department transferred him in retaliation for public positions he took during an election, and sued under 42 USC § 1983.  The panel reversed several trial court rulings adverse to the employee. 
Undesired duties as adverse employment action:  The panel held that the transfer was an adverse employment action, though it apparently […]

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Filed under 1983, Retaliation