Legal Opinion

Hurst v. Texas Department of Assistive & Rehabilitative Services

Court of Appeals for the Fifth Circuit

Decided March 26, 2007No. 05-51656PublishedCited by 16 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

This case presents the question of whether the State of Texas waived its Eleventh Amendment immunity to suit in federal court by accepting federal funding to support its Vocational Rehabilitation Program under Title I of the Rehabilitation Act, 29 U.S.C. § 701-796. The district court agreed with the State of Texas that 29 U.S.C. § 722(c)(5)(J)(i) did not represent a clear-statement of congressional intent to condition the State’s receipt of federal funds upon the State’s waiver of Eleventh Amendment immunity. We affirm.

I

BACKGROUND.

Appellant, Louise Elizabeth…

2Cases cited9 opinions

  1. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
  3. South Dakota v. DoleSupreme Court of the United States · 1987
  4. Arlington Central School District Board of Education v. MurphySupreme Court of the United States · 2006
  5. At&T Communications v. BellSouth Telecommunications Inc.Court of Appeals for the Fifth Circuit · 2001

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3Cited by16 opinions

  1. McIntosh v. PartridgeCourt of Appeals for the Fifth Circuit · 2008
  2. TX Education Agency v. EDUCCourt of Appeals for the Fifth Circuit · 2021
  3. Wasser v. New York State Office of Vocational & Educational Services for Individuals with DisabilitiesDistrict Court, E.D. New York · 2008
  4. University of Texas at Dallas v. Matney, Texas Court of Appeals, 5th District (Dallas)2009
  5. Figueroa-Flores v. Acevedo-ViláDistrict Court, D. Puerto Rico · 2007

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