United States v. Ala. Dept. of Mental Health

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The United States brought an action against ADMH, claiming that ADMH violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4301 et seq., when it failed to rehire longtime employee Roy Hamilton after his service in Iraq with the Alabama National Guard. The district court denied ADMH's motion to dismiss based on sovereign immunity and found that ADMH had violated USERRA by not immediately rehiring Hamilton after his return from Iraq. The court held that ADMH was not entitled to sovereign immunity, and that the district court did not err in finding that ADMH violated USERRA and was required to pay money damages. Accordingly, the judgment was affirmed. View "United States v. Ala. Dept. of Mental Health" on Justia Law