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WHITTINGTON v. STATE DEPT. OF PUBLIC SAFETY

No. 19,065.

966 P.2d 188 (1998)

126 N.M. 21

1998-NMCA-156

Stephen R. WHITTINGTON, et al., Plaintiffs-Appellants, v. STATE of New Mexico DEPARTMENT OF PUBLIC SAFETY, Darren P. White, in his capacity as Secretary of the New Mexico Department of Public Safety, and Frank Taylor, in his capacity as the Chief of the New Mexico State Police, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 14, 1998.

Attorney(s) appearing for the Case

Jill Henson, Rowley Law Firm P.C., Clovis, for Appellants.

Ellen S. Casey, S. Barry Paisner, Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Santa Fe, for Appellees.

Mark B. Stern, Robert M. Loeb, U.S. Department of Justice, Washington, D.C., for Amicus Curiae for United States.

Carl J. Butkus, Butkus & Reimer, P.C., Albuquerque, for Amicus Curiae for John Raymond, et al.

OPINION

ALARID, J.

{1} On appeal we are asked to decide whether the Eleventh Amendment to the United States Constitution bars suit by a citizen against a state in state court. We must also decide the corollary issue of whether the Supremacy Clause supersedes state sovereign immunity and therefore requires state courts to enforce federal law. The district court dismissed the Appellants' (Employees) suit against the State of New Mexico Department of...

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