United States First Circuit
NIEVES-MARQUEZ v. THE COMMONWEALTH OF PUERTO RICO, 02-2721
Defendants waived any Eleventh Amendment immunity, at least as to Rehabilitation Act section 504 claims, by accepting federal educational funding for special needs students.
Appellate Information
- Decided 12/24/2003
- Published 12/24/2003
Judges
- LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Eduardo A. Vera-Ramírez, with whom Eileen Landrón-Guardiola, Anabelle Rodríguez, Secretary of Justice, and Ivonne Palerm-Cruz, Deputy Secretary, were on brief, for appellants., Kevin Russell, Attorney, Civil Rights Division, U.S. Department of Justice, with whom Jessica Dunsay Silver, Attorney, Civil Rights Division, U.S. Department of Justice, and R. Alexander Acosta, Assistant Attorney General, were on brief, for the United States as intervenor.
- For Appellees:
- Alfredo Fernández-Martínez, for appellees.