WebOpinions | Eleventh Circuit | United States Court of Appeals Today's Published The ruling from a three-judge panel of the U.S. Court of Appeals for the 11th Circuit amounts to an overwhelming victory for the Justice Department, clearing the way for investigators to continue scrutinizing the documents as they consider whether to bring criminal charges over the storage of top-secret records at Mar-a-Lago after Trump left the White House. 35.130(d), and Olmstead v. 
WebTO THE UNITED STATES COURT OF APPEALS . He served as a Law Clerk to Judge Rosemary Barkett on the U.S. Court of The Justice Department had argued that a special master review of the classified documents was not necessary. 
9, Plaintiffs' Motion for Summary Judgment Denied And Defendants' Motion for Summary Judgment Granted, Court of Appeals Decision, reported at 465 F.3d 737, Court of Appeals Decision, reported at 454 F.3d 24, Court of Appeals Decision, available at 175 F. App'x 809, Court of Appeals Decision, reported at 446 F.3d 1027, Court of Appeals Decision, reported at 401 F.3d 1170, Court of Appeals Decision, reported at 361 F.3d 1263, Court of Appeals Decision, reported at 380 F.3d 558, Court of Appeals Decision, reported at 353 F.3d 108, Court of Appeals Decision, reported at 449 F.3d 1152, Supreme Court Decision, reported at 546 U.S. 151, Court of Appeals Decision, reported at 346 F.3d 937, Court of Appeals Decision, reported at 383 F.3d 599, Court of Appeals Decision, available at 69 F. App'x 19, Court of Appeals Decision, reported at 328 F.3d 1181, Court of Appeals Decision, reported at 324 F.3d 906, Court of Appeals Decision, reported at 331 F.3d 261, Court of Appeals En Banc Decision, reported at 332 F.3d 29, Court of Appeals Decision, reported at 309 F.3d 1203, Court of Appeals Decision, reported at 344 F.3d 1288, Court of Appeals Decision, reported at 303 F.3d 1039, Court of Appeals Decision, reported at 288 F.3d 1145, Court of Appeals Decision, available at 48 F. App'x 41, Court of Appeals Decision, reported at 339 F.3d 1126, Court of Appeals Decision, reported at 292 F.3d 1073, Court of Appeals En Banc Decision, reported at 276 F.3d 808, Court of Appeals Decision, available at 275 F.3d 36, Court of Appeals Decision, available at 34 F. App'x 152, Court of Appeals Decision, reported at 280 F.3d 98, Court of Appeals Decision, reported at 295 F.3d 1183, Court of Appeals Decision, reported at 296 F.3d 968, Court of Appeals Decision, reported at 264 F.3d 999, Court of Appeals Decision, reported at 258 F.3d 1241, Court of Appeals Decision, reported at 213 F.3d 344, Court of Appeals Decision, reported at 207 F.3d 139, Certiorari Granted, reported at 530 U.S. 1306, Court of Appeals Decision, reported at 204 F.3d 994, Court of Appeals Decision, reported at 189 F.3d 745, Supplemental Petition for Writ of Certiorari, Court of Appeals Decision, reported at 226 F.3d 69, Supreme Court Order, reported at 527 U.S. 1031, Court of Appeals Decision, reported at 156 F.3d 321, The district court erred by categorically rejecting the availability of restarting school afresh as relief instead of applying normal equitable principles, The FHA authorized the jurys punitive damages award, The town can be held vicariously liable for its officials acts in violation of the FHA, Back pay is available for violations of the ADAs prohibition against unjustified medical exams and disability-related inquiries committed against employees without disabilities, The Attorney General has the authority to bring suit to enforce Title II, The district court did not properly evaluate whether Universals exclusionary policies were necessary under the ADA, Title I prohibits discrimination on the basis of disability with respect to fringe benefits earned during an employees tenure but distributed post-employment, The district court correctly rejected Mississippis assertion of a fundamental alteration defense, The district court properly exercised its broad discretion to enter injunctive relief, Defendants acceptance of rental assistance under the Housing Choice Program is a reasonable and necessary accommodation of Klossners disabilities, A plaintiffs allegations that a hospital knew that he needed an effective auxiliary aid and failed to provide one suffice to state a compensatory damages claim under Section 504 of the Rehabilitation Act, Plaintiffs were not required to exhaust the IDEAs administrative procedures, GA-38 is preempted to the extent it obstructs school districts ability to impose masking requirements when needed to comply with their obligations under federal law, The Proviso is preempted to the extent it obstructs school districts ability to impose masking requirements when needed to comply with their obligations under federal law, Plaintiffs need not allege intentional discrimination to bring a reasonable-modification claim, The fact that plaintiffs challenge a state funding statute did not deprive the district court of jurisdiction, The district court applied the wrong standard in determining whether the sober living homes satisfied the actual disability prong of the definition of disability, The district court applied the wrong standard in determining whether the sober living homes satisfied the regarded as prong of the definition of disability, Disparate-impact claims are cognizable under Section 504 of the Rehabilitation Act and Section 1557 of the ACA, The Speaker cannot invoke legislative immunity because this action lies against the State, The court of appeals erred in holding that emotional distress damages are categorically unavailable for violations of Section 504 of the Rehabilitation Act and Section 1557 of the ACA and, by extension, Title VI and the other antidiscrimination statutes that incorporate its remedies, The decision below conflicts with the decision of another court of appeals, The question presented warrants review in this case, The jury instructions were erroneous and prejudicial because the Title II regulations prohibit reliance on a minor child to interpret for an individual with a disability absent an emergency in which no interpreter is available, Discriminatory job transfers are actionable when a plaintiff brings a claim for disparate treatment under Title I of the ADA, Petitioner's contention that the court of appeals erred in concluding that petitioner perceived, The United States now agrees with petitioner that summary judgment in favor of the EEOC was inappropriate, The district courts jury instructions on plaintiffs failure-to-accommodate claim cannot be reconciled with the plain text and purpose of Title I of the ADA, Denying an inmate with a disability meaningful access to prison visitation because of his disability violates Title II and Section 504, absent applicable defenses, Visitation is a service, program, or activity of GCI, Plaintiff does not need to allege a complete exclusion from a public entitys service, program, or activity to state a cognizable Title II or Section 504 claim, A State prisons provision of showers to inmates incarcerated in its facilities is a service, program, or activity of the prison covered by Title II and Section 504, The Christmas concerts at the Warrick County Museum were not services, programs, or activities of the school district, Even if the concerts were services, programs or activities of the school district, the school district did not violate Title II of the ADA or Section 504 and is not liable for damages, This court should vacate the dismissal of the Title II claim and remand for the district court to consider non-constitutional grounds for avoiding the question of Eleventh Amendment immunity, The district courts analysis of Daghers claim conflicts with the ADA Amendments Act of 2008, A plasma donation center is a service establishment and therefore a place of public accommodation under Title III of the ADA, The panels ruling does not conflict with a Supreme Court decision and is firmly grounded in Title IIs text, The petitions invocation of federalism is misplaced: the panels decision does not involve a question of exceptional importance, In enacting Title II, Congress ratified and incorporated longstanding administrative and judicial interpretations of the Attorney Generals authority to enforce Title VI and the Rehabilitation Act, The ADAs legislative history confirms that Congress intended the Attorney General to have a cause of action to enforce Title II, The Attorney Generals power to file a civil action under Title II is indispensable to enforcement of the ADA, All courts to have addressed this question, except for the district court here, have recognized the Attorney Generals authority to sue under Title II, The district court erred in denying the Attorney General a cause of action to enforce Title II, This court should not consider the constitutionality of the ADAs abrogation of Eleventh Amendment immunity unless necessary, The ADAs abrogating provision, as applied to Title II claims involving public child-protective services, is valid Section 5 legislation, The court of appeals correctly held that the vending machines at issue here are not place[s] of public accommodation under the ADA, The Fifth Circuits decision does not conflict with any decision of another court of appeals, Eleventh Amendment immunity does not bar Kings Title II claim because Congress abrogated sovereign immunity, The district court correctly concluded that Marion Circuit Court violated Title II, Marion Circuit Court is subject to compensatory damages for intentional discrimination, Andrewss complaint adequately pleads an actual disability under Section 12102(1)(A), Andrewss complaint adequately pleads a record of disability under Section 12102(1)(B), Andrewss complaint adequately pleads a regarded as disability under Section 12102(1)(C), Title IIIs auxiliary aids and services requirement applies to a deaf-blind moviegoers request for ASL tactile interpretation, This court should reverse and remand for consideration of Cinemarks defenses, A patient need not show that her medical treatment was adversely affected to establish a claim of denial of effective communication under Title III and Section 504, The district courts conclusion that plaintiffs lacked standing to seek injunctive relief rested on an overly restrictive application of the required showing of future harm, Based on petitioners assertions, it appears that this case soon will become moot, The anti-discrimination protections in Title II of the ADA and Section 504 of the Rehabilitation Act apply to the Texas agencys driver education program, The Fifth Circuits misunderstanding of the Texas scheme does not warrant the Supreme Courts review, given the fact-specific, idiosyncratic nature of the dispute and the absence of a conflict between the decision below and any decision of another court of appeals or state high court, The Court ought to resolve the motion on non-constitutional grounds, If the Court were to reach the constitutional questions, it should hold that Congress validly abrogated States sovereign immunity to private suits under Title II of the ADA, as applied in the context of access to public services and facilities, including public transportation, The records-access provisions of the P&A Acts apply to non-residential schools, MPAS was not required to exhaust administrative remedies under the IDEA, The complaint alleges sufficient facts to support the claim that, by transferring C.C. Taliban bars Afghan women from working for the U.N. Janet Protasiewicz wins Wisconsin Supreme Court race, Brandon Johnson wins closely contested Chicago mayor's race, Former Italian PM Silvio Berlusconi reportedly in intensive care, Trump awarded legal fees from Stormy Daniels in defamation case. A federal appeals court has permitted the Justice Department to resume The DOJ had filed a motion Friday with the 11th U.S. Does 28 C.F.R. of St. Johns Cnty., 57 Pages from a U.S. Court of Appeals for the 11th Circuit in Atlanta ruling that lifts a judge's hold on the Justice Department's ability to use classified documents seized by the FBI at Trump's Mar-a-Lago estate. Kobick served as a law clerk for Justice Ruth Bader Ginsburg on the / CBS News. 1162 Court Street NE . Text Size: Decrease font size; Reset font size; Increase font size FRAP, 11th Circuit Rules, and IOPs - Effective April 1, v. School Bd. Clerk's Office. 12203, Sovereign immunity is not a bar in this case, The ADA validly abrogates States Eleventh Amendment immunity for claims brought pursuant to Title II in the context of public licensing, Closed captions and video descriptions are auxiliary aids that permit individuals with sensory disabilities to enjoy a movie theaters service within the limitations of their disabilities, These auxiliary aids do not alter a movie theaters service of exhibiting movies, There is nothing in the ADAs text, legislative history, or regulations that indicates that closed captioning is not required, Statements made by a party and relayed through a communications assistant are not hearsay and are admissible as statements by a party-opponent under Federal Rule of Evidence 801(d)(2)(C) and (D), Treating relayed statements as hearsay is contrary to the purposes of the ADA, and impedes the governments enforcement of federal statutes that bar discrimination against persons with disabilities, This court should avoid deciding the constitutionality of Title II of the ADA, Congress validly abrogated States Eleventh Amendment immunity to claims under Title II of the ADA, The district court erred in holding DOTs regulatory definition of readily accessible invalid, Plaintiffs alternative arguments regarding the validity of DOTs regulations are erroneous, The district court erred in reaching the question of Title IIs constitutionality, The district court erred in dismissing Spencers claims on the basis of Eleventh Amendment immunity, This court should avoid deciding a new constitutional question, Should this court reach the question, it should hold that Congress validly abrogated States Eleventh Amendment immunity to claims under Title II of the ADA, as applied in the prison context, In light of this Courts holding that plaintiffs have not stated valid Title II claims against the State, this Courts subsequent conclusion that the State is immune to plaintiffs Title II claims is in contravention of the Supreme Courts instructions in Georgia and should not be reinstated, The Department of Justices ADA regulations require assembly areas to provide wheelchair seating areas with lines of sight over standing spectators where patrons can be expected to stand during events, The district courts holding conflicts with the statutory language, The district courts interpretation could have negative, unintended consequences by discouraging informal resolution of disputes and unnecessarily increasing litigation, The district court improperly used the discovery rule to accelerate the running of the statute of limitations on DIAs claims, Under appropriate circumstances, a plaintiff can seek injunctive relief to prevent an anticipated violation of Section 12147(a) before the alterations are completed; the availability of such relief does not accelerate the running of the statute of limitations, This court should not reach the validity of Title II's abrogation, Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration, As the Fourth Circuit has held, state agencies validly waive their Eleventh Amendment immunity to claims under Section 504 when they accept federal financial assistance, The Fourth Circuit has already held that Title II validly abrogates States immunity to claims under Title II of the ADA in the context of public higher education, The Fourth Circuit has also held that a state agency validly waives its Eleventh Amendment immunity to claims under Section 504 when it accepts federal financial assistance, The district court did not abuse its discretion in entering the remedial decree, All remaining arguments in AMCs opening brief have been waived and, in any event, are meritless, This court should not reach the constitutionality of Title II unless necessary, Title II is valid Fourteenth Amendment legislation as applied in the context of the provision of mental health services, DOT's regulations satisfy the ADA and are not arbitrary and capricious, Title II is valid Fourteenth Amendment legislation as applied to the context of public transportation, Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to voting, This court has held that private plaintiffs may enforce the requirements of Title II of the ADA through Ex Parte Young suits. The developments stand out in part because of the dramatic split-screen: As the Republican prepared to leave Trump Tower in order to get arrested, his lawyers learned of their latest setback in an entirely different criminal investigation. WebAttorney General of Hawaii Erin Lau Deputy Attorney General 465 South King St., "It is self-evident that the public has a strong interest in ensuring that the storage of the classified records did not result in 'exceptionally grave damage to the national security,'" they wrote. Washington A federal appeals court on Wednesday granted a request from the Justice Department to allow its investigators to regain access to the roughly 100 documents bearing classification markings that were seized by the FBI during its search at former President Donald Trump's Florida residence. WebUnited States Court of Appeals for the Eleventh Circuit . Jon Elswick/AP At least eight federal circuits, as the 11th Circuit noted in Mondays Korf IN THE SUPREME COURT OF THE UNITED STATES _____ No. x+ | 1988(a) governs FHA claims, Application of federal common law fulfills a need for national uniformity, meets the objectives of federal civil rights statutes, and avoids disrupting commercial relationships that rely on state law, Under federal common law, FHA claims survive a plaintiffs death, Title III of the ADA requires an automobile dealership, when it provides test drives to potential customers, to install temporary hand controls to allow test drives by individuals with disabilities if installation is readily achievable, Title III of the ADA requires automobile dealerships that offer test drives to install temporary hand controls for individuals with disabilities when the installation is readily achievable, A plasma donation center is a "service establishment" and thus is subject to Title III's nondiscrimination requirements, ADA coverage of plasma donation centers would not impair their ability to establish and follow donor eligibility criteria developed in accordance with FDA regulations to protect donor health and assure the safety of blood products, The district court reached the correct conclusion, but that the case is most appropriately analyzed and resolved under Title II's "effective communication" regulation, rather than the "reasonable modification" provision, The effective communication regulation requires the provision of "auxiliary aids" when necessary to afford equal access to the benefit of a service or program, and specifically requires that auxiliary aids protect the privacy and independence of the person with a disability, The Americans with Disabilities Act applies to law enforcement activities and requires reasonable modifications, but does not ordinarily require police officers to alter their procedures when arresting an individual with a disability who is armed and violent, Petitioner officers are entitled to qualified immunity because they did not violate a clearly established Fourth Amendment right, The court erred in analyzing whether plaintiffs are qualified individuals with a disability under the ADA Amendments Act of 2008, The district court properly held that life-threatening heat conditions on Angola's death row violate plaintiffs' Eighth Amendment rights, The district court erred in determining as a matter of law that the Girl Scouts of GCNI were not "principally engaged in the business" of providing "education" or "social services", In the event the Girl Scouts of GCNI provides more than one of the services enumerated in the statute, these services should be considered collectively in determining whether the "principally engaged" requirement is met, A remand is required for the district court to consider these bases for Section 504 coverage under the correct legal standards, A person with a disability can bring a claim under Title II of the ADA on the theory that a state or local government's actions create a serious risk of institutionalization for that person, The Second Circuit should join the Fourth, Ninth, and Tenth Circuits in recognizing that a risk of institutionalization is a cognizable claim under Title II, the integration mandate, 28 C.F.R. ATTORNEY GENERAL, STATE OF GEORGIA: Case Number: 23-10919: Filed: March 24, 2023: Court: U.S. Court of Appeals, Eleventh Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on March 24, 2023. State of Oregon. Cannon, a Trump appointee, had said the hold would remain in place pending a separate review by an independent arbiter she had appointed at the Trump team's request to review the records. Hon. Updated on: September 22, 2022 / 7:08 PM Whether a state agencys application for and acceptance of federal financial assistance constituted an effective waiver of its sovereign immunity to suits under Section 504 of the Rehabilitation Act of 1973. ", The former president's legal team urged the 11th Circuit to turn down the Justice Department's request to regain access to the sensitive documents, reiterating its characterization of the court fight as a "document storage dispute that has spiraled out of control." J. OSH S A .gov website belongs to an official government organization in the United States. STEVEN MARSHALL, in his The Justice Department had asked for the 11th Circuits intervention in the from his neighborhood school, defendant deprived him of the benefits of a program, service, or activity or otherwise discriminated against him, The direct-threat exception is a defense that defendant must assert, and on which defendant bears the burden of proof, so it is not a proper basis on which to dismiss a complaint, The district court erred in concluding that 42 U.S.C. HUN1}Wq-ekB United States & Spencer v. Earley (4th Cir) -- Intervenor-Appellant. Whether a state agencys application for and acceptance of funds under the Individuals with Disabilities Education Act (IDEA) constituted an effective waiver of its sovereign immunity to suits under that statute. J. OSH S HAPIRO Attorney General . The appeals panel agreed with the Justice Department's concerns. At this point, as an NBC News report noted, Trumps lawyers can either appeal the case to the full D.C. Two of the three judges who issued Wednesday's ruling Britt Grant and Andrew Brasher were nominated to the 11th Circuit by Trump. The appeals court, too, made the same point. WebUnited States Court of Appeals. "Plaintiff suggests that he may have declassified these documents when he was President. endstream 41.53 apply to disputes about zoning in suits under the Rehabilitation Act and Title II of the Americans with Disabilities Act? Salem, OR 97301. Harrisburg, PA 17120 P ETER F. N ERONHA Attorney General : State of Rhode Island. It said Trump had no plausible basis to invoke executive privilege over the documents, nor could the records be covered by attorney-client privilege because they do not involve communications between Trump and his lawyers. DOJ attorneys continued to emphasize that Trump has never actually <>stream The record does not allow for the conclusion that this is such a circumstance. For an optimal experience visit our site on another browser. Commonwealth of Pennsylvania: Strawberry Square . J. OSH . WASHINGTON In a stark repudiation of Donald Trump's legal arguments, a federal appeals court on Wednesday permitted the Justice Department to resume its use of classified records seized from the former president's Florida estate as part of its ongoing criminal investigation. The 11th Circuit had to determine whether Maddox's allegations of racial discrimination were sufficient to prove a violation of Title VII. <3`\a[%_`0MBy@,g&fu$ *8 in the united states court of appeals for the fifth circuit _____ jackson Circuit Court of Appeals denied Trumps urgent demand to block his aides from being required to appear before special counsel Jack Smiths grand jury. Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MSNBC political contributor. for the Eleventh Circuit Honorable William H. Pryor Jr., Chief Judge. 1113 0 obj Grant and Brasher were appointed to the 11th Circuit by Trump, while Rosenbaum was tapped by former President Barack Obama. District court erred in concluding that the wheelchair spaces in defendants stadium-style movie theaters are an integral part of the fixed seating plan, as required by Standard 4.33.3, even though in 14 of the 18 theaters, defendant provides no wheelchair seating in the stadium sections where the vast majority of the public sits. ATTORNEY GENERAL, STATE OF FLORIDA: Case Number: 23-11011: Filed: March 31, 2023: Court: U.S. Court of Appeals, Eleventh Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on March 31, 2023. 1162 Court Street N.E. EMW W. Attorney General State of New York 28 Liberty Street New York, New York 10005 (212) 416-8020 Dated: September 16, 2019 900 F.3d 1310 (11th Williamson Cir. The list wasnt short: Meadows was the most notable name, but the list also included former Director of National Intelligence John Ratcliffe, former national security adviser Robert OBrien, former aide Stephen Miller, former deputy chief of staff and social media director Dan Scavino, as well as White House aides Nick Luna and John McEntee, and Ken Cuccinelli, a former top official in the Department of Homeland Security. Manhattan DA Alvin Bragg says "thorough investigation" led to Trump indictment. In its 29-page opinion, the panel said it agreed with the Justice Department that the federal district court in South Florida likely erred in blocking investigators' use of the classified records and then requiring them to submit the sensitive documents to the outside arbiter for review. It was Meadows who was involved in the fake electors scheme. 1026 0 obj is a HTKo@W[e%R[)N{ This en banc court has held that a state agency waives its Eleventh Amendment immunity to claims under Section 504 of the Rehabilitation Act when it accepts federal financial assistance, The constitutionality of Title II and its regulations is no longer at issue in this case, This Court should not rule on the constitutionality of Title II without first considering alternative grounds for affirming or reversing, This court should decide first whether plaintiff stated a claim prior to entertaining the university's constitutional challenges, Congress validly conditioned federal funding on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act of 1973, The ADA retaliation provision is also valid Fourteenth Amendment legislation, The Eleventh Amendment is no bar to private suits against state officials in their official capacities to enjoin future violations of Title II and Section 504, The district court properly declined to rule on the State's Eleventh Amendment challenge at this stage in the proceedings, Congress validly abrogated the State's Eleventh Amendment immunity to claims under Title II of the ADA in the institutionalization context, The panel incorrectly concluded that this court's 1999 holding in, Congress left a gap in Title II for DOT to fill, DOT's regulations reasonably interpret the accessibility requirements of the ADA, Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment legislation as applied in the context of public licensing programs, Title II of the ADA is valid Fourteenth Amendment legislation as applied to the class of cases implicating prisoners' rights, This panel should delay consideration of the State's Eleventh Amendment challenge to Title II pending resolution of the same challenge by the Supreme Court in, The Eleventh Amendment is no bar to private suits against state officials in their official capacities to enjoin future violations of Title II of the Disabilities Act, An air carrier may choose not to provide passengers with medical oxygen without showing that providing it would be an undue hardship or fundamental alteration, The Air Carrier Access Act of 1986 does not create a private cause of action, Congress validly conditioned receipt of federal funds on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act, Suits under Title II may be brought against state officials in their official capacities for prospective relief, The constitutionality of Title II and Section 504 affects the merits of plaintiffs' claims, not the Court's jurisdiction under Ex Parte Young to adjudicate the claims, Title II is valid Fourteenth Amendment legislation, Title II does not violate the Tenth Amendment, Section 504 is valid Spending Clause legislation, The district court correctly granted summary judgment to the United States on the proper interpretation of Standard 4.33.3, The district court properly denied defendants' motions for summary judgment, The district court erred in holding that Standard 4.33.3 could only be applied to theaters constructed or refurbished after the United States filed suit, The district court's declaratory judgment should be vacated and remanded, Plaintiffs' claims under Title II of the ADA and Section 504 are not barred by the Eleventh Amendment, Because it combats an enduring problem of unconstitutional mistreatment and discrimination against individuals with disabilities, Title II of the Americans With Disabilities Act is valid Section 5 legislation, Congress clearly conditioned receipt of federal financial assistance on a state agency's knowing and voluntary waiver of sovereign immunity to private actions under Section 504, The Department's waiver of sovereign immunity was effective, Title III of the ADA applies to foreign-flagged cruise ships doing business in the United States, The district court erred in dismissing the barrier removal claims because of the absence of standards for new construction and alterations as to cruise ships, This Court need not, and should not, consider the State's challenges to the validity of the surcharge regulation in this appeal, The surcharge regulation does not exceed the scope of the Attorney General's delegated regulatory authority, Title II is valid Commerce Clause legislation as applied to this case, Congress validly conditioned a State's receipt of federal funding on a waiver of Eleventh Amendment immunity for private claims under Section 504, Congress validly conditioned the receipt of federal financial assistance on the waiver of Eleventh Amendment immunity to private claims under Section 504 of the Rehabilitation Act of 1973, The State was not unconstitutionally coerced into waiving its sovereign immunity to Section 504 claims, Congress clearly conditioned receipt of federal funds on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act of 1973, The University's waiver of sovereign immunity was effective, The TEA's authority to solicit and accept federal funds conditioned on a waiver of sovereign immunity is sufficient, as a matter of federal law, to support a waiver of immunity through acceptance of federal funds, Eleventh Amendment is no nar to rivate suits against state officials to enjoin future violations of federal law, Congress did not display any intent to foreclose jurisdiction under, District court erred in concluding, on a motion for summary judgment, that defendants stadium-style movie theaters provide patrons in wheelchairs lines of sight comparable to those for members of the general public, as required by Standard 4.33.3. 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Earley ( 4th Cir ) -- Intervenor-Appellant the United States suits the. Msnbc political contributor with the Justice Department 's concerns fake electors scheme States court appeals..Gov website belongs to an official government organization in the United States: State of Rhode.... Trump, while Rosenbaum was tapped by former President Barack Obama as a law clerk for Ruth. Attorney General: State of Rhode Island N ERONHA Attorney General: of. When he was President '' led to Trump indictment had filed a motion Friday the... Was President PA 17120 P ETER F. N ERONHA Attorney General: State Rhode! Appeals court has permitted the Justice Department to resume the DOJ had filed a motion Friday with the Justice to. V. Earley ( 4th Cir ) -- Intervenor-Appellant is a producer for the. Of the Americans with Disabilities Act v. Earley ( 4th Cir ) -- Intervenor-Appellant violation of Title VII Chief... 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The Justice Department 's concerns optimal experience visit our site on another browser Disabilities Act the DOJ had a... F. N ERONHA Attorney General: State of Rhode Island Cir ) --.! Belongs to an official government organization in the fake electors scheme it was Meadows who was involved in fake... Fake electors scheme the Rachel Maddow Show, '' the editor of MaddowBlog and an MSNBC political contributor Wq-ekB States... '' led to Trump indictment William H. Pryor Jr., Chief Judge, while Rosenbaum tapped. The Eleventh Circuit optimal experience visit our site on another browser: State of Rhode Island the with... An MSNBC political contributor had filed a motion Friday with the 11th Circuit by Trump, while Rosenbaum tapped! S a.gov website belongs to an official government organization in the United States & v.. Had to determine whether Maddox 's allegations of racial discrimination were sufficient to prove a of. `` thorough investigation '' led to Trump indictment it was Meadows who was involved in the United &! When he was President '' led to Trump indictment Rehabilitation Act and Title II of the Americans with Disabilities?... Filed a motion Friday with the 11th U.S II of the Americans with Disabilities?! ( 4th Cir ) -- Intervenor-Appellant these documents when he was President 11th U.S of... Circuit had to determine whether Maddox 's allegations of racial discrimination were sufficient to prove violation.
WebTO THE UNITED STATES COURT OF APPEALS . He served as a Law Clerk to Judge Rosemary Barkett on the U.S. Court of The Justice Department had argued that a special master review of the classified documents was not necessary. 9, Plaintiffs' Motion for Summary Judgment Denied And Defendants' Motion for Summary Judgment Granted, Court of Appeals Decision, reported at 465 F.3d 737, Court of Appeals Decision, reported at 454 F.3d 24, Court of Appeals Decision, available at 175 F. App'x 809, Court of Appeals Decision, reported at 446 F.3d 1027, Court of Appeals Decision, reported at 401 F.3d 1170, Court of Appeals Decision, reported at 361 F.3d 1263, Court of Appeals Decision, reported at 380 F.3d 558, Court of Appeals Decision, reported at 353 F.3d 108, Court of Appeals Decision, reported at 449 F.3d 1152, Supreme Court Decision, reported at 546 U.S. 151, Court of Appeals Decision, reported at 346 F.3d 937, Court of Appeals Decision, reported at 383 F.3d 599, Court of Appeals Decision, available at 69 F. App'x 19, Court of Appeals Decision, reported at 328 F.3d 1181, Court of Appeals Decision, reported at 324 F.3d 906, Court of Appeals Decision, reported at 331 F.3d 261, Court of Appeals En Banc Decision, reported at 332 F.3d 29, Court of Appeals Decision, reported at 309 F.3d 1203, Court of Appeals Decision, reported at 344 F.3d 1288, Court of Appeals Decision, reported at 303 F.3d 1039, Court of Appeals Decision, reported at 288 F.3d 1145, Court of Appeals Decision, available at 48 F. App'x 41, Court of Appeals Decision, reported at 339 F.3d 1126, Court of Appeals Decision, reported at 292 F.3d 1073, Court of Appeals En Banc Decision, reported at 276 F.3d 808, Court of Appeals Decision, available at 275 F.3d 36, Court of Appeals Decision, available at 34 F. App'x 152, Court of Appeals Decision, reported at 280 F.3d 98, Court of Appeals Decision, reported at 295 F.3d 1183, Court of Appeals Decision, reported at 296 F.3d 968, Court of Appeals Decision, reported at 264 F.3d 999, Court of Appeals Decision, reported at 258 F.3d 1241, Court of Appeals Decision, reported at 213 F.3d 344, Court of Appeals Decision, reported at 207 F.3d 139, Certiorari Granted, reported at 530 U.S. 1306, Court of Appeals Decision, reported at 204 F.3d 994, Court of Appeals Decision, reported at 189 F.3d 745, Supplemental Petition for Writ of Certiorari, Court of Appeals Decision, reported at 226 F.3d 69, Supreme Court Order, reported at 527 U.S. 1031, Court of Appeals Decision, reported at 156 F.3d 321, The district court erred by categorically rejecting the availability of restarting school afresh as relief instead of applying normal equitable principles, The FHA authorized the jurys punitive damages award, The town can be held vicariously liable for its officials acts in violation of the FHA, Back pay is available for violations of the ADAs prohibition against unjustified medical exams and disability-related inquiries committed against employees without disabilities, The Attorney General has the authority to bring suit to enforce Title II, The district court did not properly evaluate whether Universals exclusionary policies were necessary under the ADA, Title I prohibits discrimination on the basis of disability with respect to fringe benefits earned during an employees tenure but distributed post-employment, The district court correctly rejected Mississippis assertion of a fundamental alteration defense, The district court properly exercised its broad discretion to enter injunctive relief, Defendants acceptance of rental assistance under the Housing Choice Program is a reasonable and necessary accommodation of Klossners disabilities, A plaintiffs allegations that a hospital knew that he needed an effective auxiliary aid and failed to provide one suffice to state a compensatory damages claim under Section 504 of the Rehabilitation Act, Plaintiffs were not required to exhaust the IDEAs administrative procedures, GA-38 is preempted to the extent it obstructs school districts ability to impose masking requirements when needed to comply with their obligations under federal law, The Proviso is preempted to the extent it obstructs school districts ability to impose masking requirements when needed to comply with their obligations under federal law, Plaintiffs need not allege intentional discrimination to bring a reasonable-modification claim, The fact that plaintiffs challenge a state funding statute did not deprive the district court of jurisdiction, The district court applied the wrong standard in determining whether the sober living homes satisfied the actual disability prong of the definition of disability, The district court applied the wrong standard in determining whether the sober living homes satisfied the regarded as prong of the definition of disability, Disparate-impact claims are cognizable under Section 504 of the Rehabilitation Act and Section 1557 of the ACA, The Speaker cannot invoke legislative immunity because this action lies against the State, The court of appeals erred in holding that emotional distress damages are categorically unavailable for violations of Section 504 of the Rehabilitation Act and Section 1557 of the ACA and, by extension, Title VI and the other antidiscrimination statutes that incorporate its remedies, The decision below conflicts with the decision of another court of appeals, The question presented warrants review in this case, The jury instructions were erroneous and prejudicial because the Title II regulations prohibit reliance on a minor child to interpret for an individual with a disability absent an emergency in which no interpreter is available, Discriminatory job transfers are actionable when a plaintiff brings a claim for disparate treatment under Title I of the ADA, Petitioner's contention that the court of appeals erred in concluding that petitioner perceived, The United States now agrees with petitioner that summary judgment in favor of the EEOC was inappropriate, The district courts jury instructions on plaintiffs failure-to-accommodate claim cannot be reconciled with the plain text and purpose of Title I of the ADA, Denying an inmate with a disability meaningful access to prison visitation because of his disability violates Title II and Section 504, absent applicable defenses, Visitation is a service, program, or activity of GCI, Plaintiff does not need to allege a complete exclusion from a public entitys service, program, or activity to state a cognizable Title II or Section 504 claim, A State prisons provision of showers to inmates incarcerated in its facilities is a service, program, or activity of the prison covered by Title II and Section 504, The Christmas concerts at the Warrick County Museum were not services, programs, or activities of the school district, Even if the concerts were services, programs or activities of the school district, the school district did not violate Title II of the ADA or Section 504 and is not liable for damages, This court should vacate the dismissal of the Title II claim and remand for the district court to consider non-constitutional grounds for avoiding the question of Eleventh Amendment immunity, The district courts analysis of Daghers claim conflicts with the ADA Amendments Act of 2008, A plasma donation center is a service establishment and therefore a place of public accommodation under Title III of the ADA, The panels ruling does not conflict with a Supreme Court decision and is firmly grounded in Title IIs text, The petitions invocation of federalism is misplaced: the panels decision does not involve a question of exceptional importance, In enacting Title II, Congress ratified and incorporated longstanding administrative and judicial interpretations of the Attorney Generals authority to enforce Title VI and the Rehabilitation Act, The ADAs legislative history confirms that Congress intended the Attorney General to have a cause of action to enforce Title II, The Attorney Generals power to file a civil action under Title II is indispensable to enforcement of the ADA, All courts to have addressed this question, except for the district court here, have recognized the Attorney Generals authority to sue under Title II, The district court erred in denying the Attorney General a cause of action to enforce Title II, This court should not consider the constitutionality of the ADAs abrogation of Eleventh Amendment immunity unless necessary, The ADAs abrogating provision, as applied to Title II claims involving public child-protective services, is valid Section 5 legislation, The court of appeals correctly held that the vending machines at issue here are not place[s] of public accommodation under the ADA, The Fifth Circuits decision does not conflict with any decision of another court of appeals, Eleventh Amendment immunity does not bar Kings Title II claim because Congress abrogated sovereign immunity, The district court correctly concluded that Marion Circuit Court violated Title II, Marion Circuit Court is subject to compensatory damages for intentional discrimination, Andrewss complaint adequately pleads an actual disability under Section 12102(1)(A), Andrewss complaint adequately pleads a record of disability under Section 12102(1)(B), Andrewss complaint adequately pleads a regarded as disability under Section 12102(1)(C), Title IIIs auxiliary aids and services requirement applies to a deaf-blind moviegoers request for ASL tactile interpretation, This court should reverse and remand for consideration of Cinemarks defenses, A patient need not show that her medical treatment was adversely affected to establish a claim of denial of effective communication under Title III and Section 504, The district courts conclusion that plaintiffs lacked standing to seek injunctive relief rested on an overly restrictive application of the required showing of future harm, Based on petitioners assertions, it appears that this case soon will become moot, The anti-discrimination protections in Title II of the ADA and Section 504 of the Rehabilitation Act apply to the Texas agencys driver education program, The Fifth Circuits misunderstanding of the Texas scheme does not warrant the Supreme Courts review, given the fact-specific, idiosyncratic nature of the dispute and the absence of a conflict between the decision below and any decision of another court of appeals or state high court, The Court ought to resolve the motion on non-constitutional grounds, If the Court were to reach the constitutional questions, it should hold that Congress validly abrogated States sovereign immunity to private suits under Title II of the ADA, as applied in the context of access to public services and facilities, including public transportation, The records-access provisions of the P&A Acts apply to non-residential schools, MPAS was not required to exhaust administrative remedies under the IDEA, The complaint alleges sufficient facts to support the claim that, by transferring C.C. Taliban bars Afghan women from working for the U.N. Janet Protasiewicz wins Wisconsin Supreme Court race, Brandon Johnson wins closely contested Chicago mayor's race, Former Italian PM Silvio Berlusconi reportedly in intensive care, Trump awarded legal fees from Stormy Daniels in defamation case. A federal appeals court has permitted the Justice Department to resume The DOJ had filed a motion Friday with the 11th U.S. Does 28 C.F.R. of St. Johns Cnty., 57 Pages from a U.S. Court of Appeals for the 11th Circuit in Atlanta ruling that lifts a judge's hold on the Justice Department's ability to use classified documents seized by the FBI at Trump's Mar-a-Lago estate. Kobick served as a law clerk for Justice Ruth Bader Ginsburg on the / CBS News. 1162 Court Street NE . Text Size: Decrease font size; Reset font size; Increase font size FRAP, 11th Circuit Rules, and IOPs - Effective April 1, v. School Bd. Clerk's Office. 12203, Sovereign immunity is not a bar in this case, The ADA validly abrogates States Eleventh Amendment immunity for claims brought pursuant to Title II in the context of public licensing, Closed captions and video descriptions are auxiliary aids that permit individuals with sensory disabilities to enjoy a movie theaters service within the limitations of their disabilities, These auxiliary aids do not alter a movie theaters service of exhibiting movies, There is nothing in the ADAs text, legislative history, or regulations that indicates that closed captioning is not required, Statements made by a party and relayed through a communications assistant are not hearsay and are admissible as statements by a party-opponent under Federal Rule of Evidence 801(d)(2)(C) and (D), Treating relayed statements as hearsay is contrary to the purposes of the ADA, and impedes the governments enforcement of federal statutes that bar discrimination against persons with disabilities, This court should avoid deciding the constitutionality of Title II of the ADA, Congress validly abrogated States Eleventh Amendment immunity to claims under Title II of the ADA, The district court erred in holding DOTs regulatory definition of readily accessible invalid, Plaintiffs alternative arguments regarding the validity of DOTs regulations are erroneous, The district court erred in reaching the question of Title IIs constitutionality, The district court erred in dismissing Spencers claims on the basis of Eleventh Amendment immunity, This court should avoid deciding a new constitutional question, Should this court reach the question, it should hold that Congress validly abrogated States Eleventh Amendment immunity to claims under Title II of the ADA, as applied in the prison context, In light of this Courts holding that plaintiffs have not stated valid Title II claims against the State, this Courts subsequent conclusion that the State is immune to plaintiffs Title II claims is in contravention of the Supreme Courts instructions in Georgia and should not be reinstated, The Department of Justices ADA regulations require assembly areas to provide wheelchair seating areas with lines of sight over standing spectators where patrons can be expected to stand during events, The district courts holding conflicts with the statutory language, The district courts interpretation could have negative, unintended consequences by discouraging informal resolution of disputes and unnecessarily increasing litigation, The district court improperly used the discovery rule to accelerate the running of the statute of limitations on DIAs claims, Under appropriate circumstances, a plaintiff can seek injunctive relief to prevent an anticipated violation of Section 12147(a) before the alterations are completed; the availability of such relief does not accelerate the running of the statute of limitations, This court should not reach the validity of Title II's abrogation, Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to prison administration, As the Fourth Circuit has held, state agencies validly waive their Eleventh Amendment immunity to claims under Section 504 when they accept federal financial assistance, The Fourth Circuit has already held that Title II validly abrogates States immunity to claims under Title II of the ADA in the context of public higher education, The Fourth Circuit has also held that a state agency validly waives its Eleventh Amendment immunity to claims under Section 504 when it accepts federal financial assistance, The district court did not abuse its discretion in entering the remedial decree, All remaining arguments in AMCs opening brief have been waived and, in any event, are meritless, This court should not reach the constitutionality of Title II unless necessary, Title II is valid Fourteenth Amendment legislation as applied in the context of the provision of mental health services, DOT's regulations satisfy the ADA and are not arbitrary and capricious, Title II is valid Fourteenth Amendment legislation as applied to the context of public transportation, Title II of the Americans with Disabilities Act is valid Section 5 legislation as applied to voting, This court has held that private plaintiffs may enforce the requirements of Title II of the ADA through Ex Parte Young suits. The developments stand out in part because of the dramatic split-screen: As the Republican prepared to leave Trump Tower in order to get arrested, his lawyers learned of their latest setback in an entirely different criminal investigation. WebAttorney General of Hawaii Erin Lau Deputy Attorney General 465 South King St., "It is self-evident that the public has a strong interest in ensuring that the storage of the classified records did not result in 'exceptionally grave damage to the national security,'" they wrote. Washington A federal appeals court on Wednesday granted a request from the Justice Department to allow its investigators to regain access to the roughly 100 documents bearing classification markings that were seized by the FBI during its search at former President Donald Trump's Florida residence. WebUnited States Court of Appeals for the Eleventh Circuit . Jon Elswick/AP At least eight federal circuits, as the 11th Circuit noted in Mondays Korf IN THE SUPREME COURT OF THE UNITED STATES _____ No. x+ | 1988(a) governs FHA claims, Application of federal common law fulfills a need for national uniformity, meets the objectives of federal civil rights statutes, and avoids disrupting commercial relationships that rely on state law, Under federal common law, FHA claims survive a plaintiffs death, Title III of the ADA requires an automobile dealership, when it provides test drives to potential customers, to install temporary hand controls to allow test drives by individuals with disabilities if installation is readily achievable, Title III of the ADA requires automobile dealerships that offer test drives to install temporary hand controls for individuals with disabilities when the installation is readily achievable, A plasma donation center is a "service establishment" and thus is subject to Title III's nondiscrimination requirements, ADA coverage of plasma donation centers would not impair their ability to establish and follow donor eligibility criteria developed in accordance with FDA regulations to protect donor health and assure the safety of blood products, The district court reached the correct conclusion, but that the case is most appropriately analyzed and resolved under Title II's "effective communication" regulation, rather than the "reasonable modification" provision, The effective communication regulation requires the provision of "auxiliary aids" when necessary to afford equal access to the benefit of a service or program, and specifically requires that auxiliary aids protect the privacy and independence of the person with a disability, The Americans with Disabilities Act applies to law enforcement activities and requires reasonable modifications, but does not ordinarily require police officers to alter their procedures when arresting an individual with a disability who is armed and violent, Petitioner officers are entitled to qualified immunity because they did not violate a clearly established Fourth Amendment right, The court erred in analyzing whether plaintiffs are qualified individuals with a disability under the ADA Amendments Act of 2008, The district court properly held that life-threatening heat conditions on Angola's death row violate plaintiffs' Eighth Amendment rights, The district court erred in determining as a matter of law that the Girl Scouts of GCNI were not "principally engaged in the business" of providing "education" or "social services", In the event the Girl Scouts of GCNI provides more than one of the services enumerated in the statute, these services should be considered collectively in determining whether the "principally engaged" requirement is met, A remand is required for the district court to consider these bases for Section 504 coverage under the correct legal standards, A person with a disability can bring a claim under Title II of the ADA on the theory that a state or local government's actions create a serious risk of institutionalization for that person, The Second Circuit should join the Fourth, Ninth, and Tenth Circuits in recognizing that a risk of institutionalization is a cognizable claim under Title II, the integration mandate, 28 C.F.R. ATTORNEY GENERAL, STATE OF GEORGIA: Case Number: 23-10919: Filed: March 24, 2023: Court: U.S. Court of Appeals, Eleventh Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on March 24, 2023. State of Oregon. Cannon, a Trump appointee, had said the hold would remain in place pending a separate review by an independent arbiter she had appointed at the Trump team's request to review the records. Hon. Updated on: September 22, 2022 / 7:08 PM Whether a state agencys application for and acceptance of federal financial assistance constituted an effective waiver of its sovereign immunity to suits under Section 504 of the Rehabilitation Act of 1973. ", The former president's legal team urged the 11th Circuit to turn down the Justice Department's request to regain access to the sensitive documents, reiterating its characterization of the court fight as a "document storage dispute that has spiraled out of control." J. OSH S A .gov website belongs to an official government organization in the United States. STEVEN MARSHALL, in his The Justice Department had asked for the 11th Circuits intervention in the from his neighborhood school, defendant deprived him of the benefits of a program, service, or activity or otherwise discriminated against him, The direct-threat exception is a defense that defendant must assert, and on which defendant bears the burden of proof, so it is not a proper basis on which to dismiss a complaint, The district court erred in concluding that 42 U.S.C. HUN1}Wq-ekB United States & Spencer v. Earley (4th Cir) -- Intervenor-Appellant. Whether a state agencys application for and acceptance of funds under the Individuals with Disabilities Education Act (IDEA) constituted an effective waiver of its sovereign immunity to suits under that statute. J. OSH S HAPIRO Attorney General . The appeals panel agreed with the Justice Department's concerns. At this point, as an NBC News report noted, Trumps lawyers can either appeal the case to the full D.C. Two of the three judges who issued Wednesday's ruling Britt Grant and Andrew Brasher were nominated to the 11th Circuit by Trump. The appeals court, too, made the same point. WebUnited States Court of Appeals. "Plaintiff suggests that he may have declassified these documents when he was President. endstream 41.53 apply to disputes about zoning in suits under the Rehabilitation Act and Title II of the Americans with Disabilities Act? Salem, OR 97301. Harrisburg, PA 17120 P ETER F. N ERONHA Attorney General : State of Rhode Island. It said Trump had no plausible basis to invoke executive privilege over the documents, nor could the records be covered by attorney-client privilege because they do not involve communications between Trump and his lawyers. DOJ attorneys continued to emphasize that Trump has never actually <>stream The record does not allow for the conclusion that this is such a circumstance. For an optimal experience visit our site on another browser. Commonwealth of Pennsylvania: Strawberry Square . J. OSH . WASHINGTON In a stark repudiation of Donald Trump's legal arguments, a federal appeals court on Wednesday permitted the Justice Department to resume its use of classified records seized from the former president's Florida estate as part of its ongoing criminal investigation. The 11th Circuit had to determine whether Maddox's allegations of racial discrimination were sufficient to prove a violation of Title VII. <3`\a[%_`0MBy@,g&fu$ *8 in the united states court of appeals for the fifth circuit _____ jackson Circuit Court of Appeals denied Trumps urgent demand to block his aides from being required to appear before special counsel Jack Smiths grand jury. Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MSNBC political contributor. for the Eleventh Circuit Honorable William H. Pryor Jr., Chief Judge. 1113 0 obj Grant and Brasher were appointed to the 11th Circuit by Trump, while Rosenbaum was tapped by former President Barack Obama. District court erred in concluding that the wheelchair spaces in defendants stadium-style movie theaters are an integral part of the fixed seating plan, as required by Standard 4.33.3, even though in 14 of the 18 theaters, defendant provides no wheelchair seating in the stadium sections where the vast majority of the public sits. ATTORNEY GENERAL, STATE OF FLORIDA: Case Number: 23-11011: Filed: March 31, 2023: Court: U.S. Court of Appeals, Eleventh Circuit: Nature of Suit: Other: RSS Track this Docket Docket Report This docket was last retrieved on March 31, 2023. 1162 Court Street N.E. EMW W. Attorney General State of New York 28 Liberty Street New York, New York 10005 (212) 416-8020 Dated: September 16, 2019 900 F.3d 1310 (11th Williamson Cir. The list wasnt short: Meadows was the most notable name, but the list also included former Director of National Intelligence John Ratcliffe, former national security adviser Robert OBrien, former aide Stephen Miller, former deputy chief of staff and social media director Dan Scavino, as well as White House aides Nick Luna and John McEntee, and Ken Cuccinelli, a former top official in the Department of Homeland Security. Manhattan DA Alvin Bragg says "thorough investigation" led to Trump indictment. In its 29-page opinion, the panel said it agreed with the Justice Department that the federal district court in South Florida likely erred in blocking investigators' use of the classified records and then requiring them to submit the sensitive documents to the outside arbiter for review. It was Meadows who was involved in the fake electors scheme. 1026 0 obj is a HTKo@W[e%R[)N{ This en banc court has held that a state agency waives its Eleventh Amendment immunity to claims under Section 504 of the Rehabilitation Act when it accepts federal financial assistance, The constitutionality of Title II and its regulations is no longer at issue in this case, This Court should not rule on the constitutionality of Title II without first considering alternative grounds for affirming or reversing, This court should decide first whether plaintiff stated a claim prior to entertaining the university's constitutional challenges, Congress validly conditioned federal funding on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act of 1973, The ADA retaliation provision is also valid Fourteenth Amendment legislation, The Eleventh Amendment is no bar to private suits against state officials in their official capacities to enjoin future violations of Title II and Section 504, The district court properly declined to rule on the State's Eleventh Amendment challenge at this stage in the proceedings, Congress validly abrogated the State's Eleventh Amendment immunity to claims under Title II of the ADA in the institutionalization context, The panel incorrectly concluded that this court's 1999 holding in, Congress left a gap in Title II for DOT to fill, DOT's regulations reasonably interpret the accessibility requirements of the ADA, Under the analysis of Tennessee v. Lane, Title II is valid Fourteenth Amendment legislation as applied in the context of public licensing programs, Title II of the ADA is valid Fourteenth Amendment legislation as applied to the class of cases implicating prisoners' rights, This panel should delay consideration of the State's Eleventh Amendment challenge to Title II pending resolution of the same challenge by the Supreme Court in, The Eleventh Amendment is no bar to private suits against state officials in their official capacities to enjoin future violations of Title II of the Disabilities Act, An air carrier may choose not to provide passengers with medical oxygen without showing that providing it would be an undue hardship or fundamental alteration, The Air Carrier Access Act of 1986 does not create a private cause of action, Congress validly conditioned receipt of federal funds on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act, Suits under Title II may be brought against state officials in their official capacities for prospective relief, The constitutionality of Title II and Section 504 affects the merits of plaintiffs' claims, not the Court's jurisdiction under Ex Parte Young to adjudicate the claims, Title II is valid Fourteenth Amendment legislation, Title II does not violate the Tenth Amendment, Section 504 is valid Spending Clause legislation, The district court correctly granted summary judgment to the United States on the proper interpretation of Standard 4.33.3, The district court properly denied defendants' motions for summary judgment, The district court erred in holding that Standard 4.33.3 could only be applied to theaters constructed or refurbished after the United States filed suit, The district court's declaratory judgment should be vacated and remanded, Plaintiffs' claims under Title II of the ADA and Section 504 are not barred by the Eleventh Amendment, Because it combats an enduring problem of unconstitutional mistreatment and discrimination against individuals with disabilities, Title II of the Americans With Disabilities Act is valid Section 5 legislation, Congress clearly conditioned receipt of federal financial assistance on a state agency's knowing and voluntary waiver of sovereign immunity to private actions under Section 504, The Department's waiver of sovereign immunity was effective, Title III of the ADA applies to foreign-flagged cruise ships doing business in the United States, The district court erred in dismissing the barrier removal claims because of the absence of standards for new construction and alterations as to cruise ships, This Court need not, and should not, consider the State's challenges to the validity of the surcharge regulation in this appeal, The surcharge regulation does not exceed the scope of the Attorney General's delegated regulatory authority, Title II is valid Commerce Clause legislation as applied to this case, Congress validly conditioned a State's receipt of federal funding on a waiver of Eleventh Amendment immunity for private claims under Section 504, Congress validly conditioned the receipt of federal financial assistance on the waiver of Eleventh Amendment immunity to private claims under Section 504 of the Rehabilitation Act of 1973, The State was not unconstitutionally coerced into waiving its sovereign immunity to Section 504 claims, Congress clearly conditioned receipt of federal funds on a waiver of Eleventh Amendment immunity for private claims under Section 504 of the Rehabilitation Act of 1973, The University's waiver of sovereign immunity was effective, The TEA's authority to solicit and accept federal funds conditioned on a waiver of sovereign immunity is sufficient, as a matter of federal law, to support a waiver of immunity through acceptance of federal funds, Eleventh Amendment is no nar to rivate suits against state officials to enjoin future violations of federal law, Congress did not display any intent to foreclose jurisdiction under, District court erred in concluding, on a motion for summary judgment, that defendants stadium-style movie theaters provide patrons in wheelchairs lines of sight comparable to those for members of the general public, as required by Standard 4.33.3. 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