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Topical ADA Archive

Eleventh Amendment Immunity

• Alsbrook v. City of Maumelle, (CA 8), 8 AD Cases 953, 9/11/1998
  
  Summary: Congress did not exceed its authority under Fourteenth Amendment to U.S. Constitution in enacting ADA, and state commission on law enforcement standards and training and its officials are thus not entitled to dismissal of former city police officer's ADA action on Eleventh Amendment sovereign immunity grounds.

• Autio v. AFSCME Local 3139, (CA 8), 8 AD Cases 436, 7/7/1998
  
  Summary: Rehearing en banc granted to rehear decision in 7 AD Cases 1706 (4/9/1998) that Eleventh Amendment to U.S. Constitution does not bar employee's ADA action against state.

• Clark v. State of California, (CA 9), 7 AD Cases 292, 8/27/1997
  
  Summary: Eleventh Amendment to U.S. Constitution does not bar action under Title II of ADA against state, since Title II was validly enacted under Fourteenth Amendment; Congress's power is not limited to protection of classes found by U.S. Supreme Court to deserve "special protection'' under Constitution.
  
  
• Coolbaugh v. State of Louisiana, (CA 5), 7 AD Cases 1730, 2/27/1998
  
  Summary: Enactment of ADA was valid exercise of Congress' enforcement power under Section 5 of Fourteenth Amendment to U.S. Constitution, and ADA thus does not infringe on state's rights under Eleventh Amendment.
  
  
• Crawford v. Ind. Dept. of Corrections, (CA 7), 6 AD Cases 1416, 6/2/1997
  
  Summary: Eleventh Amendment to U.S. Constitution does not bar prisoner's damage action under Title II of ADA, since ADA is exercise of Congress' power under Section 5 of Fourteenth Amendment to enact legislation designed to enforce and bolster substantive provisions of amendment.
  
  
• Kimel v. State of Florida Bd. Of Regents, (CA 11), 8 AD Cases 1, 4/30/1998
  
  Summary: States are not entitled to immunity from suit under ADA by Eleventh Amendment to U.S. Constitution, since ADA was enacted pursuant to Section 5 of Fourteenth Amendment.
  
  
• Seaborn v. State of Florida, (CA 11), 8 AD Cases 562, 6/16/1998
  
  Summary: ADA is valid exercise of Enforcement Clause of Fourteenth Amendment to U.S. Constitution, and states thus do not have Eleventh Amendment immunity from suit under ADA.