Martin v. State of Nevada, Division of Insurance

Filing 19

ORDER granting 12 Motion to Dismiss. Signed by Chief Judge Robert C. Jones on 4/26/13. (Copies have been distributed pursuant to the NEF - JC) (Main Document 19 replaced on 4/26/2013) (JC).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 C. TERESA MARTIN, 9 Plaintiff, 10 vs. 11 NEVADA DIVISION OF INSURANCE, 12 Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) 3:13-cv-00047-RCJ-WGC 2:13-cv-00047-RCJ-WGC ORDER Plaintiff C. Teresa Martin has sued the State of Nevada’s Division of Insurance in this 15 Court for age and sex discrimination. Defendant has moved to dismiss the claim for age 16 discrimination under the Age Discrimination in Employment Act (“ADEA”). The Court grants 17 the motion. 18 The Court generally has no jurisdiction to entertain a suit against the State of Nevada or 19 one of its departments by one of its citizens absent the State’s consent. See U.S. Const. amend. 20 XI; Hans v. Louisiana, 134 U.S. 1 (1890). Nevada has explicitly refused to waive its Eleventh 21 Amendment immunity from suit in federal court as a general matter, see Nev. Rev. Stat. 22 § 41.031(3), and the State did not remove the present case from state court, so waiver does not 23 apply in the present case. Although § 5 of the Fourteenth Amendment gave Congress the power 24 to abrogate the States’ Eleventh Amendment immunity with respect to discrimination suits in 25 some circumstances, see Fitzpatrick v. Bitzer, 427 U.S. 445, 455–56 (1976) (Title VII), Congress 1 did not exercise that power in passing ADEA, because “Congress had virtually no reason to 2 believe that state and local governments were unconstitutionally discriminating against their 3 employees on the basis of age,” Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 91 (2000). The pre- 4 Kimel decisions from inferior courts that Plaintiff cites in opposition are no longer persuasive. 5 CONCLUSION 6 IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 12) is GRANTED. 7 IT IS SO ORDERED. 8 Dated this 26th day April, 2013. Dated this 22nd day ofof April, 2013. 9 10 _____________________________________ ROBERT C. JONES United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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