Montgomery v. State of Maryland, 266 F.3d 344 (4th Cir. 2001)

Plaintiff employee filed suit against defendants state, employer, and two supervisors alleging violations of the Family Medical Leave Act (“FMLA“). The state initially argued, inter alia, that sovereign immunity barred the employee’s suit and then withdrew the Eleventh Amendment defense on behalf of all defendants. The District Court dismissed the complaint on sovereign immunity grounds…

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