DIAZ v. MICHIGAN DEPT. OF CORRECTIONS

Nos. 11-1075, 11-1213.

703 F.3d 956 (2013)

Ricardo DIAZ, Plaintiff-Appellant, v. MICHIGAN DEPARTMENT OF CORRECTIONS; Roger Tijernia, in his official and personal capacity; John Prelesnik, Warden, in his official and personal capacity, Defendants-Appellees. Connie Boden, Plaintiff-Appellant, v. Michigan Department of Human Services, a department of the State of Michigan, jointly and severally; Deborah Cole, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

January 7, 2013.


Attorney(s) appearing for the Case

ON BRIEF: Joni M. Fixel , Fixel Law Offices, Okemos, Michigan, for Appellants. Michael O. King, Jr. , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees.

Before: ROGERS and KETHLEDGE, Circuit Judges; MARBLEY, District Judge.


OPINION

ALGENON L. MARBLEY, District Judge.

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state's failure to comply with the family-care provision of the Family Medical Leave Act ("FMLA" or "the Act"). 538 U.S. 721, 725, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003); see generally...

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