MARCIE REDGRAVE V. DOUG DUCEY, No. 18-17150 (9th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 25, 2020.
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 15 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARCIE A. REDGRAVE, individually and on behalf of all others similarly situated, No. 18-17150 D.C. No. 2:18-cv-01247-DLR Plaintiff-Appellant, MEMORANDUM* v. DOUG DUCEY, Governor; JAMI SNYDER, in her official capacity as Director of the Arizona Health Care Cost Containment System; ARIZONA DEPARTMENT OF ECONOMIC SECURITY; ARIZONA DIVISION OF DEVELOPMENTAL DISABILITIES, Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding Argued and Submitted February 4, 2020 Submission Withdrawn March 25, 2020 Resubmitted September 13, 2021 Phoenix, Arizona Before: O’SCANNLAIN, GRABER, and MILLER, Circuit Judges. Marcie Redgrave appeals the dismissal of her complaint. The district court * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ruled that the state of Arizona did not waive its sovereign immunity from Fair Labor Standards Act (“FLSA”) claims. As the facts are known to the parties, we repeat them only as necessary to explain our decision. Unsure if Arizona consented to damages liability for a State agency’s violation of the minimum wage or overtime provisions of the FLSA, we certified the matter to the Arizona Supreme Court. Redgrave v. Ducey, 953 F.3d 1123 (9th Cir. 2020). In answering our question, the court noted that “[t]he Arizona Constitution gives the legislature the authority to waive Arizona’s sovereign immunity.” Redgrave v. Ducey, No. CV-20-0082-CQ, 2021 WL 3673222, at *1 (Ariz. Aug. 19, 2021). However, because “the legislature has not unequivocally consented to federal damages liability,” the court held that “Arizona has not consented to . . . liability under the FLSA.” Id. In light of the Arizona Supreme Court’s decision, we conclude that Arizona has not abrogated its sovereign immunity against FLSA claims.1 AFFIRMED. 1 Redgrave has waived the argument that Arizona waived its immunity by removing this case to federal court. Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003). 2
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