Riverside, California 2022-06-29 13:01:40 –
The US Supreme Court ruled 5-4 on Wednesday in favor of Iraqi veteran Le Roy Torres from South Texas, rehiring him to a new position after a former state soldier returns from active duty. He admitted to suing the state for refusing to do so.
When Torres in Robstown returned from his deployment as an Army reserve captain, he wanted to return to his job as a soldier at the Texas Public Safety Department.
While working in Iraq, Torres was exposed to a toxic burning pit, where garbage, human waste and military equipment were burned with jet fuel. He received an honorable discharge, but was unable to return to work in the field because he returned with stenotic bronchitis.
The Unified Service Employment and Reemployment Rights Act allows those who leave the job to take on military service and regain their job. The law has been amended over the years to allow veterans to work with abilities appropriate to their condition.
The Texas Department of Public Safety has refused to rehire Torres in another role. He sued the state that moved to dismiss the proceedings by exercising the sovereign immunity.
A court ruling ruled that Torres had the right to sue DPS to regain his job and claim damages as a result of his refusal to return to work.
“By ratifying the Constitution, the states have agreed to transfer their sovereignty to state power to develop and support the military,” Deputy Judge Stephen Breyer wrote in the majority opinion. “Parliament can exercise this power to approve private damages proceedings against a state without consent, as in the case of USERRA.”
Breyer concluded that the state agreed to sacrifice sovereign immunity for common defense.
The court issue did not include the benefits of Torres’ claim that Torres had the legal right to return to work.
“It’s a hurdle to win because we still have to go (lower court to discuss the benefits of the case),” Torres lawyer Brian Christopher told the Caller Times earlier this year.
Attempts to reach Laura, Torres and his wife, Rosie Torres, failed shortly after Wednesday’s ruling.
Ashlee Burns covers South Texas trending news and the latest news. See subscription options and special offers at Caller.com/subscribe..
U.S. Supreme Court rules in favor of Texas veteran and burn pit victim Source link U.S. Supreme Court rules in favor of Texas veteran and burn pit victim