RAMIREZ v. STATE, CYFD

No. S-1-SC-34613.

372 P.3d 497 (2016)

2016-NMSC-016

Phillip G. RAMIREZ, Jr., Plaintiff-Petitioner, v. STATE of New Mexico 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, Daniel Berg, in his individual and official capacities, Defendants-Respondents, and New Mexico Attorney General's Office, Intervenor.

Supreme Court of New Mexico.

April 14, 2016.


Attorney(s) appearing for the Case

Vega Lynn Law Offices, LLC, Rosario D. Vega Lynn , Albuquerque, NM, Lorenz Law, Alice Tomlinson Lorenz , Albuquerque, NM, for Petitioner.

Hinkle Shanor , LLP, Ellen S. Casey , Jaclyn M. McLean , Loren S. Foy , Santa Fe, NM, for Respondent.

Hector H. Balderas , Attorney General, Robert David Pederson , Assistant Attorney General, Phillip Patrick Baca , Assistant Attorney General, Albuquerque, NM, for Intervenor.

Serra & Garrity, PC, Diane M. Garrity , Santa Fe, NM, Reserve Officers Association, Samuel F. Wright , Washington, DC, Law Office of Thomas G. Jarrard, PLLC, Thomas G. Jarrard , Robert Mitchell Attorney at Law, PLLC, Robert W. Mitchell , Spokane, WA, for Amicus Curiae Reserve Officers Association of America.

Office of the U.S. Attorney, Damon P. Martinez , U.S. Attorney, Manuel Lucero , Assistant U.S. Attorney, Albuquerque, NM, Department of Justice Civil Rights Division, Nathaniel S. Pollock , Washington, DC, for Amicus Curiae United States.

Garcia Ives Nowara, LLC, George L. Bach , Albuquerque, NM, for Amicus Curiae American Civil Liberties Union of New Mexico.


OPINION

{1} We are called to decide whether a New Mexico National Guard member may assert a claim against the State as employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. §§ 4301-4335 (2012). Phillip Ramirez, a member of the New Mexico Army National...

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