Clifford Daniel Raper, & All Other Similarly Situated Employees v. State of Iowa Iowa Dep't of Pub. Saf., John M. Varnum, Larry W. Pottridge, & All Other Similarly Situated Employees v. State of Iowa Iowa Dep't of Transp., Clinton Phillips, Kurt Gunther, Larry Farrington, Steve Faber, Richard Rewis, & All Other Similarly Situated Employees v. Dep't of Corr. State of Iowa, Duane Kennedy, & All Other Similarly Situated Employees v. The Dep't of Nat. Resources State of Iowa, 115 F.3d 623 (8th Cir. 1997). · Go Syfert
Clifford Daniel Raper, & All Other Similarly Situated Employees v. State of Iowa Iowa Dep't of Pub. Saf., John M. Varnum, Larry W. Pottridge, & All Other Similarly Situated Employees v. State of Iowa Iowa Dep't of Transp., Clinton Phillips, Kurt Gunther, Larry Farrington, Steve Faber, Richard Rewis, & All Other Similarly Situated Employees v. Dep't of Corr. State of Iowa, Duane Kennedy, & All Other Similarly Situated Employees v. The Dep't of Nat. Resources State of Iowa, 115 F.3d 623 (8th Cir. 1997). Cases Citing This Book View Copy Cite
47 citation events (14 in the last 25 years) across 15 distinct courts.
Strongest positive: Keller v. Florida Department of Health (flmd, 2010-02-01)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Keller v. Florida Department of Health
M.D. Fla. · 2010 · confidence medium
Here, Plaintiff sues Defendant, an agency of the State of Florida, in federal court for violating the FLSA and seeks monetary damages. 10 Further, Congress has not validly abrogated Eleventh Amendment immunity in FLSA cases. 11 See Powell, 132 F.3d at 678 (affn-ming dismissal of FLSA claim for unpaid wages against state based on Eleventh Amendment immunity); see also Mills v. Maine, 118 F.3d 37, 48-49 (1st Cir.1997) (rejecting argument that Congress properly abrogated state immunity under FLSA); Abril v. Virginia, 145 F.3d 182 , 185-89 (4th Cir.1998) (affirming dismissal of FLSA wage and overt…
discussed Cited as authority (rule) Raper v. State (2×)
Iowa · 2004 · confidence medium
Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997).
discussed Cited as authority (rule) Katherine O'Sullivan v. State of Minnesota
8th Cir. · 1999 · confidence medium
Although we have held Congress lacks Fourteenth Amendment power to abrogate a state’s sovereign immunity for lawsuits seeking unpaid overtime under the Fair Labor Standards Act (FLSA), we left “for another day the issue of whether the Fourteenth Amendment gives Congress the power to override a state’s Eleventh Amendment immunity for violations of the FLSA’s equal pay provisions.” Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997).
discussed Cited as authority (rule) Katherine S. O'sullivan,appellant v. State of Minnesota Minnesota State Colleges and University System, (Mnscu) Lake Superior College, Formerly Known as Duluth Technical College Carole Erickson, Personal Representative of the Estate of Dr. Harold Erickson
8th Cir. · 1999 · confidence medium
Although we have held Congress lacks Fourteenth Amendment power to abrogate a state's sovereign immunity for lawsuits seeking unpaid overtime under the Fair Labor Standards Act (FLSA), we left "for another day the issue of whether the Fourteenth Amendment gives Congress the power to override a state's Eleventh Amendment immunity for violations of the FLSA's equal pay provisions." Raper v. Iowa, 115 F.3d 623, 624 (8th Cir. 1997).
cited Cited as authority (rule) Albert J. Velasquez v. Dorothy J. Frapwell and the Trustees of Indiana University, and United States of America, Intervening
7th Cir. · 1998 · confidence medium
E.g., Abril v. Virginia, 145 F.3d 182 , 185-87 (4th Cir.1998); Mills v. Maine, supra, 118 F.3d at 43-49 ; Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997).
discussed Cited as authority (rule) Iris I. Varner, and United States of America, Intervenor-Appellee v. Illinois State University
7th Cir. · 1998 · confidence medium
See Powell v. Florida, 132 F.3d 677 , 678 (11th Cir.), cert. denied, — U.S. —, 118 S.Ct. 2297 , 141 L.Ed.2d 158 , 66 U.S.L.W. 3780 (1998); Quillin v. Oregon, 121 F.3d 1136, 1137 (9th Cir.1997); Close v. New York, 125 F.3d 31, 38 (2d Cir.1997); Mills v. Maine, 118 F.3d 37, 48-49 (1st Cir.1997); Aaron v. Kansas, 115 F.3d 813, 816-18 (10th Cir.1997); Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 208-11 (6th Cir.1996).
examined Cited as authority (rule) Abril v. Commonwealth of VA (4×) also: Cited "see"
4th Cir. · 1998 · confidence medium
See Mills v. Maine, 118 F.3d 37, 43-49 (1st Cir. 1997); Raper v. Iowa, 115 F.3d 623, 624 (8th Cir. 1997); Aaron v. Kansas, 115 F.3d 813, 817 (10th Cir. 1997); Wilson-Jones v. Caviness, 99 F.3d 203, 206-11 (6th Cir. 1997), amended on other grounds by 107 F.3d 358 (6th Cir. 1997); see also Powell v. Florida, 132 F.3d 677 , 678 (11th Cir. 1998) (per curiam) (semble).6 We now join those circuits in so holding.
discussed Cited as authority (rule) Abril v. Commonwealth of Virginia (2×) also: Cited "see"
4th Cir. · 1998 · confidence medium
See Mills v. Maine, 118 F.3d 37, 43-49 (1st Cir.1997); Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997); Aaron v. Kansas, 115 F.3d 813, 817 (10th Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 206-11 (6th Cir.1997), amended on other grounds by 107 F.3d 358 (6th Cir.1997); see also Powell v. Florida, 132 F.3d 677 , 678 (11th Cir.1998) (per curiam) (semble). 6 We now join those circuits in so holding. 9 Between them, these other courts of appeal have thoroughly canvassed the issue and come to the same conclusion, though by varying depths of analysis and by somewhat different reasoning at a few…
discussed Cited as authority (rule) Powell v. State of Florida
11th Cir. · 1998 · confidence medium
See Quillin v. Oregon, 127 F.3d 1136, 1137 (9th Cir.1997); Close v. New York, 125 F.3d 31, 36 (2d Cir.1997); Mills v. Maine, 118 F.3d 37, 40 (1st Cir.1997); Aaron v. Kansas, 115 F.3d 813, 814 (10th Cir.1997); Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997); Balgowan v. New Jersey, 115 F.3d 214, 217 (3d Cir.1997); Mood v. Arkansas State Police Dep’t, 111 F.3d 585 , 586 (8th Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 210 (6th Cir.1996), reh’g denied and amended by 107 F.3d 358 (6th Cir.1997).
discussed Cited as authority (rule) Larry v. Board of Trustees of the University of Alabama
N.D. Ala. · 1997 · confidence medium
See Mills v. State of Maine, 118 F.3d 37, 48 (1st Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 205-06 (6th Cir.1996); Raper v. State of Iowa, 115 F.3d 623, 624 (8th Cir.1997); Aaron v. State of Kansas, 115 F.3d 813, 817 (10th Cir.1997).
cited Cited "see" ROUSE v. GRAND RIVER DAM AUTHORITY
Okla. · 2014 · signal: see · confidence high
See Raper v. State of Iowa, 115 F.3d 623 (8th Cir.1997) T11 In addition to asserting liability against GRDA, Mr. Rouse also contended that Mr. Sullivan individually is a proper defendant.
cited Cited "see" ROUSE v. GRAND RIVER DAM AUTHORITY
Okla. · 2014 · signal: see · confidence high
See Raper v. State of Iowa , 115 F.3d 623 (8th Cir. 1997) ¶11 In addition to asserting liability against GRDA, Mr. Rouse also contended that Mr. Sullivan individually is a proper defendant.
discussed Cited "see" Walker v. Gribble (2×) also: Cited "see, e.g."
Iowa · 2004 · signal: see · confidence high
See Raper v. Iowa, 940 F.Supp. 1421 (S.D.Iowa 1996), aff'd, 115 F.3d 623 (8th Cir.1997).
cited Cited "see" Jarrett v. Alexander
M.D. Ala. · 2002 · signal: see · confidence high
See Raper v. State of Iowa, 940 F.Supp. 1421, 1426 (S.D.Iowa 1996), aff'd 115 F.3d 623 (1997).
cited Cited "see" Leo Fromm v. Commission of Veterans Affairs
8th Cir. · 2000 · signal: see · confidence high
See Raper v. State of Iowa, 940 F.Supp. 1421, 1426 (S.D.Iowa 1996), aff'd, 115 F.3d 623 (8th Cir.1997).
cited Cited "see" Hall v. Missouri Highway and Transp. Com'n
E.D. Mo. · 1998 · signal: see · confidence high
See Raper v. Iowa, 115 F.3d 623, 623-24 (8th Cir. 1997).
cited Cited "see" Rehberg v. Iowa Dept. of Public Safety
8th Cir. · 1997 · signal: see · confidence high
See id.
cited Cited "see" Michael L. Rehberg v. Dept. of Pub. Safety
8th Cir. · 1997 · signal: see · confidence high
See id.
Retrieving the full opinion text from the archive…
Clifford Daniel Raper, and All Other Similarly Situated Employees
v.
State of Iowa Iowa Department of Public Safety, John M. Varnum, Larry W. Pottridge, and All Other Similarly Situated Employees v. State of Iowa Iowa Department of Transportation, Clinton Phillips, Kurt Gunther, Larry Farrington, Steve Faber, Richard Rewis, and All Other Similarly Situated Employees v. Department of Corrections State of Iowa, Duane Kennedy, and All Other Similarly Situated Employees v. The Department of Natural Resources State of Iowa
96-2895.
Court of Appeals for the Eighth Circuit.
Jun 13, 1997.
115 F.3d 623
Cited by 26 opinions  |  Published

115 F.3d 623

133 Lab.Cas. P 33,546, 3 Wage & Hour Cas.2d
(BNA) 1727

Clifford Daniel RAPER, and All Other Similarly Situated
Employees, Appellants,
v.
STATE OF IOWA; Iowa Department of Public Safety, Appellees.
John M. VARNUM, Larry W. Pottridge, and All Other Similarly
Situated Employees, Appellants,
v.
STATE OF IOWA; Iowa Department of Transportation, Appellees.
Clinton PHILLIPS, Kurt Gunther, Larry Farrington, Steve
Faber, Richard Rewis, and All Other Similarly
Situated Employees, Appellants,
v.
DEPARTMENT OF CORRECTIONS; State of Iowa, Appellees.
Duane KENNEDY, and All Other Similarly Situated Employees, Appellants,
v.
The DEPARTMENT OF NATURAL RESOURCES; State of Iowa, Appellees.

No. 96-2895SI.

United States Court of Appeals,
Eighth Circuit.

Submitted Feb. 12, 1997.
Decided June 13, 1997.

Pamela J. Prager, Des Moines, Iowa, argued (R. Todd Gaffney, on the brief), for Appellants.

Jeffrey D. Farrell, Assistant Attorney General (argued), Des Moines, Iowa, for Appellees.

Before FAGG, HEANEY, and JOHN R. GIBSON, Circuit Judges.

FAGG, Circuit Judge.

1

Clifford Daniel Raper and other Iowa state employees brought these lawsuits contending the State of Iowa is liable for unpaid overtime under the Fair Labor Standards Act (FLSA). Relying on Seminole Tribe of Florida v. Florida, --- U.S. ----, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), the district court dismissed the employees' FLSA challenge to the employment practices of various state agencies for lack of subject-matter jurisdiction. See Raper v. Iowa, 940 F.Supp. 1421, 1423-27 (S.D.Iowa 1996). In Seminole Tribe, the Supreme Court concluded that Congress lacks the power to abrogate a state's Eleventh Amendment immunity when it enacts legislation under the Interstate Commerce Clause. See --- U.S. at ---- - ----, 116 S.Ct. at 1126-28; see also Moad v. Arkansas State Police Dep't, 111 F.3d 585, 586-87 (8th Cir.1997) (state employees' FLSA action seeking unpaid overtime was not authorized by the Commerce Clause). On appeal, the employees argue the district court failed to recognize that Congress could have revoked the state's sovereign immunity from their FLSA lawsuits under the enforcement power of the Fourteenth Amendment. Like the Sixth Circuit in Wilson-Jones v. Caviness, 99 F.3d 203, 208-11 (6th Cir.1996), modified on other grounds, 107 F.3d 358 (6th Cir.1997) (per curiam), we reject the employees' argument because the FLSA's overtime provisions cannot be regarded as serving a Fourteenth Amendment purpose, see id. at 210. Although beyond the scope of the issues in these consolidated appeals, we nevertheless make clear that we leave for another day the issue of whether the Fourteenth Amendment gives Congress the power to override a state's Eleventh Amendment immunity for violations of the FLSA's equal pay provisions. See Timmer v. Michigan Dep't of Commerce, 104 F.3d 833, 842 (6th Cir.1997).

2

We thus affirm the judgment of the district court.