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ADA Injunctions Allowed Under 11th Amendment

State officials can be sued in their official capacities for injunctive
relief under the ADA notwithstanding the Eleventh Amendment. The court
declines to decide the constitutionality of the statute on an interlocutory
appeal from the denial of Eleventh Amendment immunity. See: McCarthy v.
Hawkins, 381 F.3d 407 (5th Cir. 2004).

 

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