Douglas v. California Dep't of Youth Auth.

271 F.3d 812 (9th Cir. 2001) ; Clearinghouse Number: 54300

Description

Ninth Circuit Holds That by Receiving Rehabilitation Act Funds California Waives Sovereign Immunity to Section 504 Claims

Abstract

Reversing the district court’s summary judgment for defendant-appellee, the Ninth Circuit held that California waived sovereign immunity to claims under Section 504 of the Rehabilitation Act by accepting Rehabilitation Act funds defendant-appellee. Defendant-appellee California Department of Youth Authority denied plaintiff-appellant’s application for employment because he failed a mandatory color vision test. After the Federal Equal Employment Opportunity Commission issued a “cause finding,” plaintiff-appellant filed in district court a suit alleging violations of Title I of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act defendant-appellee and seeking damages and injunctive relief. The district court granted summary judgment for plaintiff-appellant on both claims. On appeal, defendant-appellee asserted Eleventh amendment immunity for the first time in light of the Supreme Court’s recent holding in Board of Trustees of the University of Alabama v. Garrett (Clearinghouse No. 52744) that the Eleventh Amendment bars ADA Title I claims for money damages against states. Because California had accepted Rehabilitation Act funds, the Ninth Circuit held that it waived its sovereign immunity under the Rehabilitation Act. Finding that a state might also waive immunity from ADA Title I claims, the Ninth Circuit remanded the case to the district court to determine if defendant-appellee had done so.

Additional Information

Attorney Information
Docket Date
2001-11-14 00:00:00+00:00

Files

Filed under: