United States Eighth Circuit

In a claim alleging violations of the Americans with Disabilities Act, denial of defendant-State's motion to dismiss based on Eleventh Amendment sovereign immunity is reversed where Congress did not abrogate Eleventh Amendment immunity on the Title II claims presented by plaintiff.

Appellate Information

• Decided 05/27/2005
• Published 05/27/2005

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Douglas D. Dexter, argued, Assistant Attorney General, Lincoln, NE, for appellants., Sarah E. Harrington, U.S. Dept. of Justice, Civil Rights Div., argued (Jessica Dunsay Silver and Kevin Russell, U.S. Dept. of Justice, Civil Rights Div., Appellate Section, on the brief), for intervenor U.S.


• For Appellees:
  
• Shirley A. Mora James, argued, Lincoln, NE (Dianne D. DeLair and Bruce G. Mason, on the brief), for appellees.