Legal Opinion
Joseph C. Kilcullen v. New York State Department of Labor, United States of America, Intervenor
Court of Appeals for the Second Circuit
Decided February 24, 2000No. 1999PublishedCited by 29 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
Plaintiff appeals from a decision of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) dismissing for lack of subject matter jurisdiction a lawsuit he had filed against the New York State Department of Labor seeking damages under the ADA, 42 U.S.C. §§ 12101, et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a). In reaching its decision, the district court held that States are immune from suits for damages in federal court under both statutes and that Congress lacked the power, pursuant to Section 5 of the…
2Cases cited18 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hans v. LouisianaSupreme Court of the United States · 1890
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Patrick C. Jackan, United States of America, Intervenor v. New York State Department of LaborCourt of Appeals for the Second Circuit · 2000
- Melinda Erickson, United States of America, Intervenor v. Board of Governors of State Colleges and Universities for Northeastern Illinois UniversityCourt of Appeals for the Seventh Circuit · 2000
- Hershel R. Stanley v. Jon E. Litscher, Secretary, Wisconsin Department of CorrectionsCourt of Appeals for the Seventh Circuit · 2000
- William Hibbs, United States of America, Intervenor v. Department of Human Resources Charlotte Crawford Nikki FirpoCourt of Appeals for the Ninth Circuit · 2001
- Garcia v. S.U.N.Y. Health Sciences Center Of BrooklynCourt of Appeals for the Second Circuit · 2001
24 more not listed; retrieve them via the Exa API.