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MIDDLETON v. HARTMAN

No. 00SC809.

45 P.3d 721 (2002)

Charles MIDDLETON, as Dean of the College of Arts and Sciences; and Leon Travis, as Assistant to the Dean of the College of Arts and Sciences, Petitioners, v. Veta M. HARTMAN, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 13 and June 10, 2002.

Attorney(s) appearing for the Case

Hogan & Hartson L.L.P., Kathryn W. Bradley, Denver, Colorado, Pryor Johnson Montoya Carney & Karr, P.C., Elizabeth C. Moran, Scott S. Nixon, Englewood, Colorado, Office of University Counsel, Joanne M. McDevitt, Denver, Colorado, Attorneys for Petitioners.

Miller & Jester, LLC, Jay S. Jester, Denver, Colorado, Silver & DeBoskey, P.C., Bruce H. DeBoskey, Denver, Colorado, Attorneys for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

This case requires us to determine whether the notice-of-claim provisions of the Colorado Governmental Immunity Act (CGIA), § 24-10-109, 7 C.R.S. (2001), apply to a claim against state employees sued in their individual capacities for retaliation under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215 (1994).1 We hold that state employees do not enjoy sovereign immunity...

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