Legal Opinion
Miller v. Texas Tech University Health Sciences Center
Court of Appeals for the Fifth Circuit
Decided August 15, 2005No. Nos. 02-10190, 02-30318 and 02-30369PublishedCited by 26 opinions
1Opinion of the Court
ON PETITION FOR REHEARING EN BANC
W. EUGENE DAVIS and WIENER, Circuit Judges:
This consolidated appeal presents the same issue we recently resolved en banc in Pace v. Bogalusa City School Board,1: Does a state waive its Eleventh Amendment immunity from suit in federal court under § 504 of the Rehabilitation Act of 19732 when it accepts federal funds that are granted by Congress under authority of the Constitution’s Spending Clause and expressly conditioned on waiver of immunity from § 504? For reasons that follow, we find no merit in appellants’ arguments and reaffirm our conclusions in Pace…
2Cases cited19 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Davis Ex Rel. LaShonda D. v. Monroe County Board of EducationSupreme Court of the United States · 1999
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wilson-Bey v. United StatesDistrict of Columbia Court of Appeals · 2006
- Albert Block, Jr. v. Texas Board of Law ExaminersCourt of Appeals for the Fifth Circuit · 2020
- Jane Cummings v. Premier Rehab Keller, P.L.L.C.Court of Appeals for the Fifth Circuit · 2020
- Lucio v. LumpkinCourt of Appeals for the Fifth Circuit · 2021
- Harrison v. YoungCourt of Appeals for the Fifth Circuit · 2022
21 more not listed; retrieve them via the Exa API.