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U.S. v. ALABAMA DEPT. OF MENTAL HEALTH

No. 10-15976.

673 F.3d 1320 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 16, 2012.

Attorney(s) appearing for the Case

Roscoe Jones, Jr. , Dennis J. Dimsey , Lisa W. Edwards , U.S. Dept. of Justice, Civ. Rights Div., App. Section, Antoinette Barksdale , Sarah Canzoniero Blutter , Esther Lander, U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellee.

John Cowles Neiman, Jr. , Ala. Atty. General's Office, Courtney W. Tarver , Tamara Royal Pharrams , Ala. Dept. of Mental Health & Mental Retardation, Montgomery, AL, for Defendant-Appellant.

Before DUBINA, Chief Judge, COX, Circuit Judge, and GOLDBERG, Judge.

GOLDBERG, Judge.

Plaintiff-Appellee the United States brought an action against Defendant-Appellant Alabama Department of Mental Health (ADMH). The United States claimed that ADMH violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. § 4301 et seq., when it failed to rehire longtime employee Roy Hamilton after his service in Iraq with the Alabama National Guard. ADMH moved to dismiss the case based on sovereign...

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