United States Fourth Circuit

In an action by a state disability advocacy agency against state officials seeking disclosure of certain records, the denial of Defendants' motion to dismiss is reversed, where Congress had not unequivocally expressed its intent to abrogate Virginia's sovereign immunity as to the type of claim at issue.

Appellate Information

• Decided 06/02/2009
• Published 06/02/2009

Judges

• Before WILKINSON, Circuit Judge, EUGENE E. SILER, JR., Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation, and ROBERT J. CONRAD, JR., Chief United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Eugene Thro, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants.  Paul James Buckley, Virginia Office for Protection and Advocacy, Richmond, Virginia, for Appellee.   ON BRIEF:  Robert F. McDonnell, Attorney General of Virginia, Stephen R. McCullough, State Solicitor General, William C. Mims, Chief Deputy Attorney General, Jane D. Hickey, Senior Assistant Attorney General, Allyson K. Tysinger, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants.  Patrick D. Conner, Washington, D.C.;  Rachelle M. Barstow, Julia N. Miller, Taylor A. Spearnak, New York, New York, for Amici Supporting Appellee.