Mun

Mun v. University of Alaska

Good Law
291 F. App'x 115
United States Court of Appeals for the Ninth CircuitAugust 26, 2008No. 06-35265California878 words

Opinion

Lead Opinion

MEMORANDUM *

John Mun appeals several interlocutory orders and a judgment on the pleadings that dismissed his claims against the University of Alaska at Anchorage, Mary Howard, Ron Kamahele, and Rick Weems. The district court exercised jurisdiction pursuant to 28 U.S.C. § 1331 , and we re *117 view pursuant to 28 U.S.C. § 1291 . We affirm the district court.

First, sovereign immunity bars Mun’s Fair Labor Standards Act (“FLSA”) retaliation claim. When the original complaint was filed, Alaska Stat. § 09.50.250 (2003) authorized a “person or corporation having a contract, quasi-contract, or tort claim against the state [to] bring an action against the state.” Devoid of any reference to federal court, this statute does not make a “clear declaration” that the state intended to submit itself to federal jurisdiction. Coll. Sav. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675, 119 S.Ct. 2219 , 144 L.Ed.2d 605 (1999) (internal quotation marks omitted). Moreover, even if the statute in effect at the time this action was commenced could be construed as a waiver of sovereign immunity, the statute has since been amended. Alaska Stat. § 09.50.250 (2005) now provides…

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