Clark v. Cohen

I agree with the majority that this case is not moot; hence, I join in part II of its opinion. I also agree that 29 U.S.C. § 794 (1984) does not afford Ms. Clark the relief she seeks. See Maj. Op. 84-85 n. 3 (29 U.S.C. § 794). I believe, however, that the majority’s eleventh amendment analysis, Maj. Op. at 83-84, is incorrect, and that the eleventh amendment prevents Ms. Clark from receiving compensation for alleged violations of her constitutional rights occurring during her 29-year confinement at Laurelton Center.1 I would, nevertheless, grant Ms. Clark the relief she seeks on a different…