Robison

MEMORANDUM **

The State of Nevada and its Department of Prisons (collectively “NDOP”) appeal the district court judgments in favor of Appellee Robert Robison. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand.

Robison, a former correctional officer, sued the NDOP under Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12117 (“ADA”). The NDOP had terminated Robison after he underwent back surgery. A jury found the NDOP liable and awarded Robison $200,000 in compensatory damages and $248,000 in future lost wages. The district court also awarded Robison $140,000 in back pay.

In Bd. of Trustees of Univ. v. Garrett, 531 U.S. 356 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001), the Supreme Court held that suits against states seeking money damages under the ADA are barred by the Eleventh Amendment. Id., 531 U.S. 356 , 121 S.Ct. at 967-68 . Robison argues, however, that the NDOP waived its Eleventh Amendment immunity because it “never raised the issue of Eleventh Amendment immunity in the District Court.” The record does not support this contention. In its answer to Robison’s complaint, the NDOP expressly asserted its Eleventh Amendment…