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CLARK v. VIRGINIA DEPT. OF STATE POLICE

Record No. 151857.

793 S.E.2d 1 (2016)

Jonathan R. CLARK v. VIRGINIA DEPARTMENT OF STATE POLICE.

Supreme Court of Virginia.

December 1, 2016.

Attorney(s) appearing for the Case

Paul G. Beers (Glenn, Feldmann, Darby & Goodlatte, on brief), Roanoke, for appellant.

Stuart A. Raphael , Solicitor General ( Mark R. Herring , Attorney General; Rhodes B. Ritenour , Deputy Attorney General; Trevor S. Cox , Deputy Solicitor General; Gregory C. Fleming , Assistant Attorney General; Ryan D. Doherty , Assistant Attorney General; Matthew R. McGuire , Assistant Attorney General, on brief), for appellee.

Amicus Curiae: United States; Elizabeth P. Hecker ( Dana J. Boente , United States Attorney; Steven Gordon , Assistant U.S. Attorney, on brief), in support of appellant.

PRESENT: All the Justices.

A 1998 amendment to the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), see 38 U.S.C. §§ 4301-4335, created a private right of action enforceable against States in their own courts, see 38 U.S.C. § 4323(b)(2). In this case, the trial court held that principles...

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