Whittington v. State Department of Public Safety

1998 NMCA 156, 966 P.2d 188, 126 N.M. 21
New Mexico Court of Appeals·Decided September 3, 1998·No. 19,065·Published·Cited by 7 cases

Opinion

OPINION

ALARID, J.

{1} On appeal we are asked to decide whether the Eleventh Amendment to the United States Constitution bars suit by a citizen against a state in state court. We must also decide the corollary issue of whether the Supremacy Clause supersedes state sovereign immunity and therefore requires state courts to enforce federal law. The district court dismissed the Appellants’ (Employees) suit against the State of New Mexico Department of Public Safety (the Department), finding that the Eleventh Amendment granted sovereign immunity to states in both federal and state court. We reverse.

FACTS

{2} Two hundred ninety-nine New Mexico State Police Officers filed suit against the Department, Darren P. White, in his capacity as Secretary of the Department, and Frank Taylor, in his capacity as the Chief of the New Mexico State Police, for violations of the Fair Labor Standards Act (FLSA). 29 U.S.C. §§ 201-219 (1978). The Department removed the case to federal court and then moved to return it to state court in light of the United States Supreme Court’s decision in Seminole Tribe v. Florida, 517 U.S. 44, 61-66, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), which held, among other things, that Congress cannot abrogate a state’s sovereign immunity from suit in federal court pursuant to the Interstate Commerce Clause. The federal court granted the Department’s motion, finding that based upon the holding in Seminole Tribe, the court did not have jurisdiction to hear the suit.

{3} Once back in district court, the Department moved to dismiss the Employees’ claims for violations of the FLSA based on State sovereign immunity. The district court found that there was “no principled way to take this case out of the reach of Seminole Tribe," because “state sovereign immunity is synonymous with Eleventh Amendment immunity[.]” Employees appeal.

BACKGROUND

{4} We begin our discussion with a brief history of the Eleventh Amendment. For the first time, in 1793, the Supreme Court allowed a citizen of one state to sue another state in federal court. Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 1 L.Ed. 440 (1793). The Court’s holding “created .. a shock of surprise.” Hans v. Louisiana, 134 U.S. 1, 11, 10 S.Ct. 504, 33 L.Ed. 842 (1890). As a result, Congress introduced the language of the Eleventh Amendment, which was ratified in 1795. John V. Orth, The Truth About Justice Iredell’s Dissent in Chisholm v. Georgia (1793), 73 N.C.L.Rev. 255, 256 (1994).

{5} The Eleventh Amendment provides: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const, amend. XI. This language expressly discusses the judicial power of the United States. The language was later interpreted to bar suits by citizens against their own states in federal court. Hans, 134 U.S. at 10-17, 10 S.Ct. 504.

{6} The Eleventh Amendment is not an absolute bar to suits against a state in federal court. Congress may abrogate the state’s sovereign immunity if it: (1) has the power to abrogate, and (2) its intent to abrogate is unmistakable. See Seminole Tribe, 517 U.S. at 55, 116 S.Ct. 1114.

{7} In Fitzpatrick v. Bitzer, 427 U.S. 445, 456, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976), the Supreme Court held that the Fourteenth Amendment gave Congress the power to abrogate the states’ Eleventh Amendment sovereign immunity. Later, the Supreme Court held that the Interstate Commerce Clause was also a source for abrogation of sovereign immunity. See Pennsylvania v. Union Gas, 491 U.S. 1, 5, 109 S.Ct. 2273, 105 L.Ed.2d 1 (1989) (plurality opinion), overruled by Seminole Tribe v. Florida, 517 U.S. at 66, 116 S.Ct. 1114.

{8} In 1996, however, the Supreme Court overruled Union Gas in Seminole Tribe, 517 U.S. at 66, 116 S.Ct. 1114. The Supreme Court concluded that unlike the Fourteenth Amendment, the Interstate Commerce Clause cannot serve as the basis for abrogating the states’ Eleventh Amendment immunity. Id. Therefore, because the Interstate Commerce Clause is no longer a source for abrogation, federal statutes passed pursuant to the Interstate Commerce Clause are not enforceable against the states in federal court.

ANALYSIS

a. Standard of Review

{9} The Employees’ case was dismissed by the district court. The issue before us is a matter of law, which we review de novo. See Barnae v. Barnae, 1997-NMCA-077, ¶ 11, 123 N.M. 583, 943 P.2d 1036.

b. Federal Jurisdiction

{10} Under Eleventh Amendment analysis the FLSA meets the first criterion for Congressional abrogation. It is not disputed that Congress was clear in its intent to subject states to FLSA claims in both state and federal courts. See 29 U.S.C. § 216(b); Jacoby v. Arkansas Dep’t of Education, 331 Ark. 508, 962 S.W.2d 773, 774 (Ark.1998). It is the second criterion that the FLSA does not satisfy. Congress passed the FLSA pursuant to the Interstate Commerce Clause. Jacoby, 962 S.W.2d at 774. In the aftermath of Seminole Tribe, it is clear that the Commerce Clause is not sufficient to give federal courts jurisdiction over suits by employees against state entities for violations of the FLSA. Id.

c. State Jurisdiction

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Whittington v. State Department of Public Safety, 1998 NMCA 156, 966 P.2d 188, 126 N.M. 21 (N.M. Ct. App. 1998).

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