Opinion
No. 01-16102.
September 30, 2003.
Alvin T. Prestwood, Linda S. Wellman, Volz, Prestwood Hanan, P.C., Montgomery, AL, Stephanie R. Marcus, U.S. Dept. of Justice, Sharon Swingle, Mark B. Stern, Mayer, Brown Platt, Dept. of Justice, Washington, DC, for Bylsma and U.S.
Charles Brinsfield Campbell, Montgomery, AL, Edward E. Davis, AL Dept. of Economic and Community Affairs, Montgomery, AL, for Walkley and Davis.
Appeal from the United States District Court for the Middle District of Alabama (No. 00-00609-CV-A-N); W. Harold Albritton, III, Chief Judge.
Before TJOFLAT, BARKETT and HILL, Circuit Judges.
Joanne Bylsma, an employee of the Alabama Department of Economic and Community Affairs, appeals the district court's judgment in favor of her employer on her claims under the First Amendment, the Family and Medical Leave Act, 29 U.S.C. § 2601-2654 (FMLA), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. In light of the Supreme Court's ruling in Nevada Dep't of Human Resources v. Hibbs, 538 U.S. 721, 123 S.Ct. 1972, 155 L.Ed.2d 953 (May 27, 2003), we reverse the district court's holding that Congress did not validly abrogate Eleventh Amendment immunity for claims under the FMLA. We find no reversible error as to the other issues raised by Bylsma on appeal, however, and therefore affirm the district court's judgment on Bylsma's claims.
AFFIRMED in part and REVERSED in part.