San Diego Court Employees to Pursue Suit Against Superior Court - in Superior Court
SAN DIEGO - Following a December 3 ruling by the U.S. District Court for the Southern District of California that the federal court has no jurisdiction to hear its case, the San Diego County Court Employees Association will proceed with a state suit against the San Diego County Superior Court, for failing to pay overtime and compensatory time off in violation of the court employees' contract, in the same Superior Court it's suing. The federal district court ruled that the Superior Court is a state entity and therefore immune from federal lawsuits brought by individuals, under the Constitution's Eleventh Amendment.
"Our first option was to try to persuade the federal court that it does indeed have jurisdiction for a number of reasons," said Amy Shillingburg, President of the court employees' association. "A federal trial would have been preferable because it would have avoided the political overtones and venue problems of a state lawsuit."
"We are confident that, in whichever forum we finish, the court employees will have their day in court and be paid what is owed for their efforts," he concluded.
Contact:
Roger Franks, 949-851-7423
