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punitive damages plus seeks to have the Virginia law prohibiting persons aged 60 upon employment from participating in the retirement system declared unconstitutional.
Answers filed last month by lawyers from the attorney general’s office maintain that the state comptroller and trustees of the retirement system can’t be sued in their official capacity because neither the Commonwealth nor its agencies, departments or boards are “persons” under law.
In their request to dismiss charges, they note that the 11th Amendment of the U.S. Constitution which bars monetary claims against states also covers suits against “boards, departments, officers, agents and representatives of the state.” The motion to dismiss also
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