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LARO v. NEW HAMPSHIRE

No. 00-1581.

259 F.3d 1 (2001)

Stephen Laro, Plaintiff, Appellant, v. State of New Hampshire Defendant-Appellee.

United States Court of Appeals, First Circuit.

August 6, 2001.

Attorney(s) appearing for the Case

Peter J. Smith, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Paul M. Gagnon, U.S. Attorney, and Mark B. Stern, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, were on brief, for intervenor United States and appellant.

Andrew B. Livernois, with whom Philip T. McLaughlin, New Hampshire Attorney General, was on brief, for appellee.

Before Lynch, , Stahl, , and Lipez, .

LYNCH, Circuit Judge.

This case requires us to address the scope of congressional power under Section 5 of the Fourteenth Amendment to abrogate the immunity of the states from suit in federal court which the states would otherwise enjoy under the Eleventh Amendment and Supreme Court precedent. At issue is whether the creation of a private cause of action against a state for money damages under the personal medical leave...

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