Legal Opinion
Clark v. California
Court of Appeals for the Ninth Circuit
Decided August 27, 1997No. 96-16952PublishedCited by 155 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
The State of California appeals the denial of its motion to dismiss on the ground that the Eleventh Amendment bars this action against the state. Plaintiffs sued under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-34 (“ADA”), and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“section 504” or “Rehabilitation Act”). We agree with the district court that both acts are valid exercises of Congress’s power under Section 5 of the Fourteenth Amendment, and we affirm.
JURISDICTION
This court has jurisdiction to hear an interlocutory appeal…
2Cases cited17 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- 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
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
12 more not listed; retrieve them via the Exa API.
3Cited by155 opinions
- Vinson v. ThomasCourt of Appeals for the Ninth Circuit · 2002
- Alsbrook v. City Of MaumelleCourt of Appeals for the Eighth Circuit · 1999
- George Koslow v. Commonwealth of Pennsylvania D/B/A Department of Corrections Donald T. Vaughn Phico Services Company Compservices, IncCourt of Appeals for the Third Circuit · 2002
- Trevor Carten v. Kent State UniversityCourt of Appeals for the Sixth Circuit · 2002
- Botosan v. Paul McNally RealtyCourt of Appeals for the Ninth Circuit · 2000
150 more not listed; retrieve them via the Exa API.