Rimando v. Alum Rock Union Elementary School District

MEMORANDUM

Romulo R. Rimando appeals the district court’s decision to dismiss his claims against Alum Rock Union Elementary (“Alum Rock”) and Maribel Guizar-Maita under the Uniformed Services Employment and Reemployment Rights Act (“US-ERRA”), 38 U.S.C. § 4301 et seq. As the facts are known to the parties, they will not be repeated here, except as necessary to our decision.

Rimando’s arguments are all foreclosed by our decision in Townsend v. University of Alaska, 548 F.3d 478 (9th Cir.2008). There, we held that a federal district court lacked subject matter jurisdiction over USERRA claims brought against the state of Alaska by a former employee of the University of Alaska, Fairbanks. We concluded that 38 U.S.C. § 4323 (b), which provides that “[i]n the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdiction in accordance with the laws of the State,” does not confer jurisdiction on federal courts to hear claims against states. Townsend, 543 F.3d at 485. Additionally, we held that USERRA does not create a direct or implied right of action against a supervisor who does not constitute an “employer” under…