Legal Opinion

John Doe v. State of NE

Court of Appeals for the Eighth Circuit

Decided October 7, 2003No. 02-2014NEPublishedCited by 1 opinion

1Opinion of the Court

RICHARD S. ARNOLD, Circuit Judge.

GayLynn Brummett, through her estate, and Noah Brummett, a child adopted by Jay Brummett and GayLynn,1 sued the State of Nebraska, the Nebraska Department of Health and Human Services, and various state officials (collectively the defendants or Nebraska) for damages under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The defendants moved for summary judgment on the § 504 claim on the basis that they are immune from suit under the Eleventh Amendment of the United States Constitution. The District Court2 denied the motion, and this interlocutory…

2Cases cited27 opinions

City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
Edelman v. JordanSupreme Court of the United States · 1974
Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
Hans v. LouisianaSupreme Court of the United States · 1890
Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001

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3Cited by1 opinion

JOHN DOE MARY DOE, INDIVIDUALLY AND AS HUSBAND AND WIFE, AND JNT, BY AND THROUGH JOHN DOE, HIS NEXT FRIEND JAY BRUMMETT, PERSONAL REPRESENTATIVE OF THE ESTATE OF GAYLYNN BRUMMETT, — UNITED STATES OF AMERICA, INTERVENOR — v. THE STATE OF NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES MICHAEL JOHANNS, GOVERNOR OF THE STATE OF NEBRASKA, IN HIS OFFICIAL CAPACITY RON ROSS, DIRECTOR OF THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HIS OFFICIAL CAPACITY SANDY THOMPSON, CHILD PROTECTIVE SERVICES CASE MANAGER FOR THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HER OFFICIAL CAPACITY PATRICIA SQUIRES, DECEASED, CHILD PROTECTIVE SERVICES SUPERVISOR AND ADOPTION UNIT SUPERVISOR FOR THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HER OFFICIAL CAPACITY DARYL WUSK, ADMINISTRATOR OF THE LINCOLN DISTRICT OFFICE OF THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HIS OFFICIAL CAPACITY, —Court of Appeals for the Eighth Circuit · 2003