Ninth Circuit reaffirms position that Title II validly abrogates sovereign immunity
The Ninth Circuit reaffirmed its previous holdings that Title II of the ADA validly abrogates the states? sovereign immunity from suits for damages. In Phiffer v. Columbia River Correctional Authority, No. 01-35984 (9th Cir. 2004), the court of appeals had originally ruled that a prisoner could bring suit against a prison for failure to accommodate his osteoarthritis and osteoporosis. The Supreme Court vacated and remanded for reconsideration of its opinion in Tennessee v. Lane. In a very brief opinion, the Ninth Circuit concluded that its original disposition was consistent with Lane.
