United States Eleventh Circuit
Sheely v. MRI Radiology Network, P.A., 06-13791
Claims for injunctive declaratory relief under Title III of the Americans with Disabilities Act, and the Rehabilitation Act of 1973, are not moot after the defendant voluntarily ceased the alleged misconduct as the defendant has not met its heavy burden of showing that it is absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur. Non-economic damages are available under the Rehabilitation Act.
Appellate Information
- Decided 10/24/2007
- Published 10/24/2007
Judges
- MARCUS, Circuit Judge:, Before ANDERSON, MARCUS and COX, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Matthew W. Dietz, Law Office of Matthew Dietz, Miami, FL, for Sheely., Maggie E. Sklar, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Washington, DC, Jay M. Levy, Jay M. Levy, P.A., Miami, FL, for Amicus Curiae.
- For Appellees:
- Andrew David Rafkin, Broad & Cassel, West Palm Beach, FL, for Defendant-Appellee.