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Tina Lee v. State of Iowa and Polk County Clerk of Court. IA sovereign immunity, Younger
This case of a court employee suing under the Family and Medical Leave Act (FMLA) was back to the Iowa Supreme Court after a 2012 remand, Lee v. Iowa, Polk County Clerk of Court, 815 N.W.2d 731 (Iowa 2012).
The Supreme Court held: the Eleventh Amendment to the United States Constitution does not bar an award of wages and benefits for the period a reinstatement order was stayed, citing Ex parte Young, 209 U.S. 123 (1908)
No. 12-2055 (Iowa Mar. 28, 2014).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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