Ninth Circuit reaffirms position that Title II validly abrogates sovereign immu

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.

Related Content

For almost 50 years, the National Health Law Program has fought to expand access to quality health care to low-income individuals and underserved communities. Today we are pleased to launch a newly designed website for our future work to make health care a reality for all people. Please take time to peruse our new site, and sign up for our email updates to learn about us, watch the work we do, and become engaged.

Continue to site