RAMIREZ v. STATE

No. 31,820.

326 P.3d 474 (2014)

2014-NMCA-057

Phillip G. RAMIREZ, Jr., Plaintiff-Appellee/Cross-Appellant, v. STATE of New Mexico ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Dorian Dodson, in her individual and official capacities, Ron West, in his individual and official capacities, Barbara Auten, in her individual and official capacities, Roger Gillespie, in his individual and official capacities, Ted Lovato, in his individual and official capacities, Tim Holesinger, in his individual and official capacities, and Daniel Berg, in his individual and official capacities, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, May 1, 2014.


Attorney(s) appearing for the Case

Vega Lynn Law Offices, LLC, Rosario D. Vega Lynn , Lorenz Law , Alice T. Lorenz , Albuquerque, NM, for Appellee/Cross-Appellant.

Hinkle, Hensley, Shanor & Martin, L.L.P., Ellen S. Casey , Jaclyn M. McLean , Santa Fe, NM, for Appellants/Cross-Appellees.

The Reserve Officers Association of America, Samuel F. Wright , Washington, D.C., Law Office of Thomas G. Jarrard, PLLC, Thomas G. Jarrard , Spokane, WA, Struebel Kochersberger Mortimer LLC, David A. Streubel , Albuquerque, NM, for Amicus Curiae The Reserve Officers Association of America.

Legal Panel Member, ACLU-NM, Matthew L. Garcia , Albuquerque, NM, for Amicus Curiae American Civil Liberties Union.

Damon Martinez , United States Attorney, Manuel Lucero , Assistant U.S. Attorney, Albuquerque, NM, Office of the Solicitor, M. Patricia Smith , Solicitor of Labor, Department of Justice/Appellate Section, Thomas E. Perez , Assistant Attorney General, Nathaniel S. Pollock , Jessica Dunsay Silver , Washington, D.C., for Amicus Curiae United States.


OPINION

FRY, Judge.

{1} Plaintiff, a member of the New Mexico National Guard, filed suit pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 to 4335 (1994, as amended through 2011), against his former employer, the New Mexico Children, Youth, and Families Department (CYFD), following his termination. The issue presented by this appeal is whether CYFD, as an arm of the State, is entitled...

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