United States Fifth Circuit

Defendant's motion to dismiss on grounds of state-sovereign immunity is dismissed where state officers, sued in their official capacities for prospective relief, are proper defendant's under Title II of the ADA and are not immune under the Eleventh Amendment.

Appellate Information

• Decided 09/02/2004
• Published 09/03/2004

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and REAVLEY and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kevin K. Russell (argued), U.S. Dept. of Justice, Washington, DC, for U.S., Intervenor., Karen M. Lockwood, Rachel A. Adams, Howrey, Simon, Arnold & White, Washington, DC, for Amici Curiae.


• For Appellees:
  
• Geoffrey N. Courtney (argued), Austin, TX, James H. Keahey, Garth Anthony Corbett, Advocacy Inc., Austin, TX, for Plaintiffs-Appellees., Amy Warr (argued), Austin, TX, for Defendants-Appellants.