The New Mexico Supreme Court has ruled that the state can be sued under a law protecting military personnel in their civilian employment and reinstated a National Guard soldier's award of $36,000.
Phillip G. Ramirez Jr. sued the state over his 2008 firing from the Department of Children, Youth and Families after he returned from a National Guard deployment.
A jury ruled that Ramirez's military service was a reason for actions that the state agency took against him and that his rights were violated when he was fired.
The Court of Appeals overturned the jury's award to Ramirez, ruling that the state had immunity from his claim.
However, the Supreme Court's decision last week says legislative action waived the state's immunity. The decision reinstates the jury's award.
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