Bonnet v. Nevada, 3:18-cv-159-HDM-WGC. (2018)
Court: District Court, D. Nevada
Number: infdco20181023j21
Visitors: 6
Filed: Oct. 22, 2018
Latest Update: Oct. 22, 2018
Summary: Order Granting Motion for Judgment on the Pleadings (ECF 29) HOWARD D. McKIBBEN , Senior District Judge . The State moves for judgment on the pleadings. It asserts that this Court lacks subject-matter jurisdiction over Bonnet's second and third causes of action—both of which relate to age discrimination. ECF 29 at 2-3. Bonnet has filed a "non-opposition" to the stated motion. ECF 34. This Court lacks jurisdiction over Bonnet's second and third causes of action. States are immune from suit,
Summary: Order Granting Motion for Judgment on the Pleadings (ECF 29) HOWARD D. McKIBBEN , Senior District Judge . The State moves for judgment on the pleadings. It asserts that this Court lacks subject-matter jurisdiction over Bonnet's second and third causes of action—both of which relate to age discrimination. ECF 29 at 2-3. Bonnet has filed a "non-opposition" to the stated motion. ECF 34. This Court lacks jurisdiction over Bonnet's second and third causes of action. States are immune from suit, ..
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Order Granting Motion for Judgment on the Pleadings (ECF 29)
HOWARD D. McKIBBEN, Senior District Judge.
The State moves for judgment on the pleadings. It asserts that this Court lacks subject-matter jurisdiction over Bonnet's second and third causes of action—both of which relate to age discrimination. ECF 29 at 2-3. Bonnet has filed a "non-opposition" to the stated motion. ECF 34.
This Court lacks jurisdiction over Bonnet's second and third causes of action. States are immune from suit, under state or federal law, by private parties in federal court absent waiver or abrogation of that immunity. See U.S. Const. amend. XI; Seminole Tribe of Fla., v. Florida, 517 U.S. 44, 54 (1996). Nevada has not waived its immunity. NRS 41.031(3). Nor did ADEA—the lone remedy for age discrimination, Ahlmeyer v. Nevada Sys. of Higher Educ., 555 F.3d 1051, 1058 (9th Cir. 2009)—abrogate Nevada's immunity, Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 91 (2000).
Because the Eleventh Amendment bars Bonnet's age-discrimination claims, Bonnet's second and third causes of action are dismissed with prejudice for lack of subject-matter jurisdiction.
IT IS SO ORDERED.
Source: Leagle
