United States Seventh Circuit

In an action challenging provisions of the Protection and Advocacy for Individuals with Mental Illness Act, district court judgment is vacated for lack of jurisdiction where plaintiff is a public agency established under the Developmental Disabilities Assistance and Bill of Rights Act, and thus cannot sue another state agency in federal court as it is outside the scope of 42 U.S.C. 1983 and blocked by the Eleventh Amendment.

Appellate Information

• Argued 01/20/2009
• Decided 07/28/2009
• Published 07/28/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, SYKES, Circuit Judge, and KENDALL, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Anisha S. Dasgupta, Dept. of Justice, Civ. Div. Appellate Staff, Washington, DC, U.S. Amicus Curiae., Jonathan Lave, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC, Nat. Disability Rights Network, Equip For Equality, Disability Rights Wisconsin, Inc., Amicus Curiae.


• For Appellees:
  
• Debra J. Dial (argued), Indiana Protection and Advocacy Group, Indianapolis, IN, for Plaintiff-Appellee., Michael T. Schaefer (argued), Indianapolis, IN, for Defendants-Appellants.