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Rehabilitation Act, Title II of ADA, Held Unconstitutional

Loaded on April 15, 2003 published in Prison Legal News April, 2003, page 13
Filed under: Disabled Prisoners, Boot Camps, Civil Procedure, Defenses, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity. Locations: Louisiana, Maryland.
In two separate rulings the courts of appeal for the Fourth and Fifth Circuits have held that section 504 of the Rehabilitation Act (RA), 29 U.S.C. §794(a), and, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §12312, do not validly abrogate states' Eleventh Amendment immunity from suit ...

 

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