Legal Opinion

Miranda B. v. Kitzhaber

Court of Appeals for the Ninth Circuit

Decided May 14, 2003No. 01-35950PublishedCited by 173 opinions

1Opinion of the Court

Per Curiam Opinion; Concurrence by Judge O’SCANNLAIN

OPINION

2Per curiam

We must decide whether the Eleventh Amendment bars claims against the State of Oregon under the Americans with Disabilities Act and the Rehabilitation Act, and whether these statutes, in turn, bar claims against state officials.

I

The Plaintiffs are ten individuals with mental illness (collectively or individually “Miranda B.”) who are institutionalized in state psychiatric hospitals in Oregon. Miranda B. brought claims under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-65 (“Title II”), for failing to…

3Cases cited37 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  5. Alexander v. SandovalSupreme Court of the United States · 2001

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4Cited by173 opinions

  1. Constantine v. Rectors and Visitors of George Mason UniversityCourt of Appeals for the Fourth Circuit · 2005
  2. Davidson v. Kimberly-Clark Corp.Court of Appeals for the Ninth Circuit · 2017
  3. Anthony Smith v. Ron DavisCourt of Appeals for the Ninth Circuit · 2020
  4. Sosa v. DIRECTV, Inc.Court of Appeals for the Ninth Circuit · 2006
  5. Cholla Ready Mix, Inc. v. CivishCourt of Appeals for the Ninth Circuit · 2004

168 more not listed; retrieve them via the Exa API.

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