Diaz v. Mich. Dep't of Corr.

• Decision Date: 07 January 2013
• Docket Number: 11–1213.,Nos. 11–1075,s. 11–1075
• Parties: Ricardo DIAZ, Plaintiff–Appellant, v. MICHIGAN DEPARTMENT OF CORRECTIONS; Roger Tijernia, in his official and personal capacity; John Prelesnik, Warden, in his official and personal capacity, Defendants–Appellees. Connie Boden, Plaintiff–Appellant, v. Michigan Department of Human Services, a department of the State of Michigan, jointly and severally; Deborah Cole, Defendants–Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

703 F.3d 956

Ricardo DIAZ, Plaintiff–Appellant,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS; Roger Tijernia, in his official and personal capacity; John Prelesnik, Warden, in his official and personal capacity, Defendants–Appellees.
Connie Boden, Plaintiff–Appellant,
v.
Michigan Department of Human Services, a department of the State of Michigan, jointly and severally; Deborah Cole, Defendants–Appellees.

Nos. 11–1075, 11–1213.

United States Court of Appeals,
Sixth Circuit.

Jan. 7, 2013.

[703 F.3d 957]

ON BRIEF:Joni M. Fixel, Fixel Law Offices, Okemos, Michigan, for Appellants. Michael O. King, Jr., Office of the Michigan Attorney General, Lansing, Michigan, for Appellees.

Before: ROGERS and KETHLEDGE, Circuit Judges; MARBLEY, District Judge.^*

[703 F.3d 958]

OPINION
ALGENON L. MARBLEY, District Judge.

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state's failure to comply with the family-care provision of the Family Medical Leave Act (“FMLA” or “the Act”). 538 U.S. 721, 725, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003); see generally29 U.S.C. § 2612(a)(1)(C). After the Supreme Court's decision, this Circuit held that a plaintiff could not bring a private suit for damages against a state official for alleged violations of the FMLA arising from claimed entitlement leave under 29 U.S.C. § 2612(a)(1)(D) because the rationale in Hibbs did not extend to the FMLA's self-care provision. Touvell v. Ohio Dep't of Mental Retardation & Developmental Disabilities, 422 F.3d 392, 400 (6th Cir.2005). Finally, citing Touvell, the Supreme Court recently held that suits against the states for money damages under § 2612(a)(1)(D) are barred by the states' immunity as sovereigns in our federal system. Coleman v. Court of Appeals of Md., ––– U.S. ––––, 132 S.Ct. 1327, 1332, 182 L.Ed.2d 296 (2012).¹

In light of these precedents, Appellants Ricardo Diaz and Connie Boden attempt to bring 42 U.S.C. § 1983 “and laws” suits ² to enforce their purported FMLA rights to self-care leave against state officials in their individual capacities. Appellants contend they should also be allowed to bring a claim for equitable, prospective relief in the form of reinstatement through the Ex parte Young³ exception to the Eleventh Amendment. We AFFIRM the district courts' dismissals of Appellants' claims for monetary damages because, for various reasons, Appellants cannot bring § 1983 “and laws” suits to enforce their purported rights under the FMLA self-care provision. We REVERSE and REMAND the district court's dismissal of Count III in Diaz's case, however, because the district court erred when it dismissed Appellant Diaz's claim for equitable, prospective relief in the form of reinstatement.

I. A.

Appellant Ricardo Diaz was employed by the Michigan Department of Corrections (“MDOC”) when he was diagnosed with heart and abdominal conditions that forced him to take intermittent self-care leave. Diaz alleges he was fired for time and attendance violations after taking various intermittent leaves and informing his manager and the warden at MDOC that, as a result of his condition, it would be difficult to predict when he would need to take time off in the future.

Diaz sued MDOC, his manager, and the warden. He brought causes of action alleging: interference with his FMLA rights against the manager and the warden in their individual capacities in violation of § 1983 (count I); retaliation for exercising his FMLA rights against the manager and the warden in their individual capacities in

[703 F.3d 959]

violation of § 1983 (count II); deprivation of a protected federal right against the manager and the warden in their official capacities in violation of the doctrine of Ex parte Young (count III); and violations of state law against all defendants (count IV). With respect to count III, Diaz sought, inter alia, an order “returning [him] to his position at MDOC with no loss of seniority, as prospective relief from the continuing violation of being denied his rightful position,” pursuant to the Ex parte Young doctrine. 09–cv–1109, Doc. 2 at 11.

MDOC, the manager, and the warden filed a motion to dismiss all counts, which was granted by the district court. The district court dismissed counts I and II because the FMLA contains a comprehensive statutory remedial scheme that is more restrictive than the remedies provided under § 1983, thus precluding Diaz from utilizing § 1983 as a recovery vehicle. The district court also held that Diaz was prevented from properly invoking the Ex parte Young exception to sovereign immunity in count III because:

addressing plaintiff's request for reinstatement would necessitate delving into the issue of whether defendants violated plaintiff's FMLA rights, whether there is a continuing violation, and whether reinstatement is appropriate. If this Court cannot look back to make a determination on the substantive FMLA issue, it cannot decide, as a prospective matter, if the alleged violation continues. The Eleventh Amendment therefore presents a jurisdictional bar as plaintiff cannot properly invoke the Ex Parte Young exception to Eleventh Amendment sovereign immunity.

09–cv–1109, Doc. 17 at 8–9. Diaz's state law claims were also dismissed by the district court, but Diaz does not contest the dismissal of those claims in this appeal.

B.

Appellant Connie Boden was employed by the Michigan Department of Human Services (“MDHS”) when she was placed on stress leave by her doctor. Boden alleges that her supervisor dramatically increased her workload and disciplined her for petty work-related infractions because of the self-care leave she took.

Boden sued MDHS and her supervisor, alleging: interference with her FMLA rights against her supervisor in her individual capacity in violation of § 1983 (count I); retaliation for exercising her FMLA rights against her supervisor in her individual capacity in violation of § 1983 (count II); claims for prospective relief in the form of an injunction for further acts of discrimination and retaliation against her supervisor in her official capacity, pursuant to the doctrine of Ex parte Young (count III); and violations of state law against all defendants (counts IV–V).

MDHS and the supervisor filed a motion to dismiss all counts, which was granted by the district court. “For reasons stated in detail in the hearing,” the district court concluded that it lacked subject matter jurisdiction over counts I–III, and declined to exercise supplemental jurisdiction over Boden's state law claims. 09–cv–1144, Doc. 12 at 1.

II.

We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291, which grants us jurisdiction over final decisions of the district courts.

III.

We review a district court's decision dismissing a complaint under Federal Rule of Civil Procedure 12(b)(6)de novo. Kostrzewa v. City of Troy, 247 F.3d 633, 638 (6th Cir.2001). For purposes of this appeal, we

[703 F.3d 960]

treat as true all well-pled allegations in the complaints. Id.

IV. A.

Appellants argue that they have a right to self-care leave under the FMLA, but that Touvell has left them a “right without a remedy.” See Touvell, 422 F.3d at 400. They should be able to use § 1983 “and laws” suits to enforce their FMLA self-care rights against state officials in their individual capacities, Appellants contend, because they have no remedy. Section 1983 provides that “[e]very person who ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.” (Emphasis added). Recognizing that the Supreme Court's doctrine under Sea Clammers⁴/Rancho Palos Verdes⁵ would typically bar the type of § 1983 “and laws” suit they attempt to bring, Appellants encourage us to consider the purpose and logic behind the Sea Clammers/Rancho Palos Verdes doctrine, which, they argue, indicate their § 1983 “and laws” suits should not be barred.

The FMLA entitles eligible employees to take up to 12 work weeks of unpaid leave per year for: (A) “the birth of a son or daughter ... in order to care for such son or daughter,” (B) “the placement of a son or daughter with the employee for adoption or foster care,” (C) the care of a “spouse, or a son, daughter, or parent” with a “serious health condition,” and (D) the employee's own “serious health condition that makes the employee unable to perform the functions” of their employment. 29 U.S.C. § 2612(a)(1). Subsection (D) is commonly referred to as the “self-care” provision. The Act creates a private right of action to seek both equitable relief and money damages “against any employer (including a public agency) in any Federal or state court of competent jurisdiction.” 29 U.S.C. § 2617(a)(2).

In Hibbs, the Supreme Court held that Congress could subject states to suit for violations of subparagraph (C), which is commonly referred to as the “family-care” provision. 538 U.S. at 725, 123 S.Ct. 1972;see generally29 U.S.C. § 2612(a)(1)(C). While “the Constitution does not provide for federal jurisdiction over suits against nonconsenting states,” sovereign immunity may be abrogated by Congress if it “makes its intention to abrogate unmistakably clear in the language of the statute and acts pursuant to a valid exercise of its power under § 5 of the Fourteenth Amendment.” Hibbs, 538 U.S. at 726, 123 S.Ct. 1972 (internal citations omitted).

The Hibbs Court found that the “clarity of Congress' intent” with respect to the FMLA was “not fairly debatable” because the Act enables employees to sue employers, including public agencies, id.; see29 U.S.C. § 2617(a)(2), and “public agency” is defined under the FMLA to include both “the government of a state or political subdivision thereof” and “any agency of...