Marcie A. Redgrave, individually and on behalf of all others similarly situated v. DOUG DUCEY, Governor

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCIE A. REDGRAVE, individually and
on behalf of all others similarly situated,
Plaintiff-Appellant,
v.
DOUG DUCEY, Governor; JAMI
SNYDER, in her official capacity as
Director of the Arizona Health Care Cost
Containment System; ARIZONA
DEPARTMENT OF ECONOMIC
SECURITY; ARIZONA DIVISION OF
DEVELOPMENTAL DISABILITIES,
Defendants-Appellees.
No. 18-17150
D.C. No. 2:18-cv-01247-DLR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Douglas L. Rayes, District Judge, Presiding
Argued and Submitted February 4, 2020
Submission Withdrawn March 25, 2020
Resubmitted September 13, 2021
Phoenix, Arizona
Before: O’SCANNLAIN, GRABER, and MILLER, Circuit Judges.
Marcie Redgrave appeals the dismissal of her complaint. The district court
FILED
SEP 15 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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ruled that the state of Arizona did not waive its sovereign immunity from Fair
Labor Standards Act (“FLSA”) claims. As the facts are known to the parties, we
repeat them only as necessary to explain our decision.
Unsure if Arizona consented to damages liability for a State agency’s
violation of the minimum wage or overtime provisions of the FLSA, we certified
the matter to the Arizona Supreme Court. Redgrave v. Ducey, 953 F.3d 1123 (9th
Cir. 2020). In answering our question, the court noted that “[t]he Arizona
Constitution gives the legislature the authority to waive Arizona’s sovereign
immunity.” Redgrave v. Ducey, No. CV-20-0082-CQ, 2021 WL 3673222, at *1
(Ariz. Aug. 19, 2021). However, because “the legislature has not unequivocally
consented to federal damages liability,” the court held that “Arizona has not
consented to . . . liability under the FLSA.” Id.
In light of the Arizona Supreme Court’s decision, we conclude that Arizona
has not abrogated its sovereign immunity against FLSA claims.1
AFFIRMED.
1Redgrave has waived the argument that Arizona waived its immunity by
removing this case to federal court. Indep. Towers of Wash. v. Washington, 350
F.3d 925, 929 (9th Cir. 2003).
2

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