Michael D. Nihiser v. Ohio Environmental Protection Agency
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
BOYCE F. MARTIN, JR., Chief Judge.
Michael D. Nihiser, an employee of the Ohio Environmental Protection Agency, sued his employer under Title I of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Agency filed a motion to dismiss, arguing that the Acts were unconstitutional as applied to the states. The district court granted the Agency’s motion, and Nihiser appeals. For the following reasons, we affirm the district court’s dismissal of Ni-hiser’s Americans with Disabilities Act claim, but we reverse the district court’s dismissal of his claim brought…
2Cases cited12 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Lane v. PenaSupreme Court of the United States · 1996
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- Nieves-Marquez v. Commonwealth of PRCourt of Appeals for the First Circuit · 2003
- Gean v. HattawayCourt of Appeals for the Sixth Circuit · 2003
- Haybarger v. Lawrence County Adult Probation & ParoleCourt of Appeals for the Third Circuit · 2008
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