Legal Opinion
Guttman v. Khalsa
Court of Appeals for the Tenth Circuit
Decided January 11, 2012No. 10-2167, 10-2172PublishedCited by 118 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131-65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constituted an imminent danger to the public.
As a result, we find the district court did not err by dismissing the ADA claim of the appellant, Dr. Stuart Guttman, against the State of…
2Cases cited68 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Pearson v. CallahanSupreme Court of the United States · 2009
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Ex Parte YoungSupreme Court of the United States · 1908
63 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Nixon v. City & County of DenverCourt of Appeals for the Tenth Circuit · 2015
- Havens v. Colo. Dep't of Corr.Court of Appeals for the Tenth Circuit · 2018
- Leatherwood v. AllbaughCourt of Appeals for the Tenth Circuit · 2017
- Onyx Properties LLC v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2016
- Martin Marietta Materials, Inc. v. Kansas Department of TransportationCourt of Appeals for the Tenth Circuit · 2016
113 more not listed; retrieve them via the Exa API.