Clark v. Virginia Department of State Police
Annotate this CasePlaintiff filed suit against the Virginia Department of State Police (VSP), an agency of the Commonwealth, under the Uniformed Services Employment and Reemployment Rights Act (USERRA) alleging that he was denied a promotion because of his service in the United States Army Reserves. The trial court granted the VSP’s plea of sovereign immunity and dismissed Plaintiff’s USERRA claim, concluding that the VSP could not be sued on a federal right of action in state court absent a waiver of sovereign immunity. The Supreme Court affirmed, holding that the trial court correctly held that sovereign immunity barred Plaintiff’s USERRA claim against the VSP.
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