United States Ninth Circuit

In a disability discrimination action under the Rehabilitation Act (the Act), summary judgment for defendants is affirmed where Oregon's Office of Public Defense Services was not a "program or activity receiving Federal financial assistance" within the meaning of section 504 of the Act during the period of alleged discrimination and thus the state did not waive its sovereign immunity with respect to that agency.

Appellate Information

• Argued 06/03/2009
• Decided 09/21/2009
• Published 09/21/2009

Judges

• FISHER, Circuit Judge:, Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen L. Brischetto, Portland, OR, for the plaintiffs-appellants.


• For Appellees:
  
• John R. Kroger, Attorney General; Rolf C. Moan, Acting Solicitor General; Leigh A. Salmon (argued), Assistant Attorney General, Salem, OR, for defendants-appellees.