HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Thursday, April 7, 2005

ADA and Sovereign Immunity

Interested in section 5 litigation, or do you happen to work at a state univeresity -- well this case might help brighten your day.  The Eleventh Circuit held that Title II is valid Section 5 legislation "as applied to access to public education" (in a higher-education case). 

The court's opinion in Association for Disabled Americans v. Florida International Univ. appears at and 2005 WL 768129. The case involves claims made by disabled students alleging wrongfully denied reasonable accommodations such as auxilliary aids and services.  The Eleventh Circuit read Tennessee v. Lane broadly. The plaintifffs sought only injunctive relief. [bm]

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