March 27, 2007
Rehabilitation Act not Waiver of 11th Amendment Sovereign Immunity
A panel of the Fifth Circuit has held that Texas did not waive sovereign immunity by accepting funding under the Rehabilitatin Act. The opinion, Hurst v. Tex. De't of Assistive and Rehabilitative Serv., No. 05-511656 (March 26, 2007) is here. The panel unanimously held that there was no "clear statement" in Section 102 of that act.
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