United States Fifth Circuit

In a suit brought to review a denial of medical treatment by a state agency, dismissal of the suit is affirmed where: 1) section 102 of the Rehabilitation Act does not contain the necessary "clear-statement" requiring a waiver of Eleventh Amendment immunity if the State of Texas accepts federal funds for its Vocational Rehabilitation program; and 2) Texas has not voluntarily waived its Eleventh Amendment immunity for the program.

Appellate Information

• Decided 03/26/2007
• Published 03/27/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS and STEWART, Circuit Judges, and CRONE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Earl Urene (argued), Texas RioGrande Legal Aid, Eagle Pass, TX, Alpha Hernandez, Texas RioGrande Legal Aid, Del Rio, TX, Susan F. Zinn, San Antonio, TX, for Hurst.


• For Appellees:
  
• Joe Henry Thrash (argued), Austin, TX, for Defendants-Appellees.