Phillip G. Ramirez, Jr., Plaintiff-Petitioner v. State of New Mexico Children, Youth and Families Department…

Summary

The court held that New Mexico waived its sovereign immunity to private damages actions under USERRA by extending all USERRA rights, benefits, and protections to qualifying New Mexico National Guard members. Because that statutory waiver resolved the case, the court declined to decide whether Congress could independently abrogate state sovereign immunity under its War Powers. The court reversed the Court of Appeals and reinstated the jury verdict and damages award.