United States First Circuit

Reinstatement of claims against the University of Puerto Rico arising out of Title II of the ADA in the wake of the Supreme Court's decision in Tennessee v. Lane is affirmed where: 1) plaintiff's complaint sufficiently alleged a violation of Title II; and 2) Title II constitutes a valid exercise of Congress' Section 5 authority to enforce the guarantees of the Fourteenth Amendment in the context of public education.

Appellate Information

• Decided 07/06/2006
• Published 07/06/2006

Judges

• JOHN R. GIBSON, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge  and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Julio Nigaglioni Arrache, for Appellants., Sarah E. Harrington, Department of Justice, Civil Rights Division, with whom Bradley J. Schlozman and Jessica Dunsay Silver were on brief, for the United States as Intervenor.


• For Appellees:
  
• Víctor P. Miranda-Corrada, for Appellee., Jennifer Mathis, Bazelon Center for Mental Health Law, with whom Debra Gardner, Roscoe Jones, Jr., and Suzanne Sangree, Public Justice Center, were on brief, for AARP, Bazelon Center, Public Justice Center, and 23 other organizations representing people with disabilities, as Amici Curiae in support of appellee.