Chapter 6 - § 6.19 • STATES' IMMUNITY FROM CIVIL SUIT

• Jurisdiction: Colorado

§ 6.19 • STATES' IMMUNITY FROM CIVIL SUIT

When a state employee seeks leave to provide self-care, the state is immune from claims of alleged violations pursuant to the Eleventh Amendment. Coleman v. Ct. of Appeals, 566 U.S. 30, 37-39 (2012) ("It follows that abrogating the States' immunity from suits for damages for failure to give self-care leave is not a congruent and proportional remedy if the existing state leave policies would have sufficed."). Sovereign immunity does not protect state employees against claims brought against them individually. Brockman v. Wyoming Dep't of Family Servs., 342 F.3d 1159, 1165 (10th Cir. 2003). State governments are not immune from civil suits for money damages based upon violations of the FMLA by state employees seeking leave to provide care for...