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NELSON v. UNIVERSITY OF TEXAS AT DALLAS

No. 07-10660.

535 F.3d 318 (2008)

Robert T. NELSON, Plaintiff-Appellant, v. UNIVERSITY OF TEXAS AT DALLAS; David E. Daniel, as Administrative Head of the University of Texas at Dallas; Karen M. Jarrell, Individually; Vivian Rutlege, Individually, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 2008.

Attorney(s) appearing for the Case

Robert Joseph Wiley (argued), Dallas, TX, for Plaintiff-Appellant.

Bill L. Davis (argued), Lars Hagen, General Litigation Div., Austin, TX, for Defendants-Appellees.

Before SMITH and PRADO, Circuit Judges, and YEAKEL, District Judge.

PRADO, Circuit Judge:

In this case, we must decide whether a claim for reinstatement under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-54, is sufficient to bring a case within the Ex parte Young exception to Eleventh Amendment sovereign immunity. We conclude that it is and therefore REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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