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Garrett v. University of Alabama at Birmingham Board of Trustees

Citation: 276 F.3d 1227Docket: Nos. 98-6069, 98-6070

Court: Court of Appeals for the Eleventh Circuit; December 19, 2001; Federal Appellate Court

Narrative Opinion Summary

This case concerns the issue of state immunity in the context of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Initially, the Eleventh Circuit reversed a district court's decision based on the precedent from Kimel v. Florida Board of Regents, which held that the ADA did not validly abrogate state immunity under the Fifth and Fourteenth Amendments. The United States Supreme Court later affirmed this view, indicating Congress lacked authority to abrogate state immunity under the ADA, and remanded the case. Upon remand, the Eleventh Circuit affirmed the district court's decision on the ADA and Rehabilitation Act claims. However, the plaintiffs petitioned for rehearing, arguing that the defendants voluntarily waived their Eleventh Amendment immunity under the Rehabilitation Act by accepting federal funds. The Eleventh Circuit acknowledged that this waiver had not been addressed and thus granted the Petition for Rehearing. It vacated its previous opinion, except for parts affirming the ADA and Rehabilitation Act decisions, and remanded the case for further evaluation of the waiver argument. The Suggestion for Rehearing En Banc was denied as moot, resulting in a partial affirmation, vacating, and remandment of the case.

Legal Issues Addressed

Mootness of Suggestion for Rehearing En Banc

Application: The Suggestion for Rehearing En Banc was considered moot following the decision to grant the Petition for Rehearing and remand the case.

Reasoning: The Suggestion for Rehearing En Banc was denied as moot.

Procedural Remand for Consideration of Immunity Waiver

Application: The case was remanded to the district court to evaluate the waiver of immunity argument, as the prior rulings did not address this potential waiver.

Reasoning: The defendants agreed that the prior rulings did not address this potential waiver and requested that the case be remanded for the district court to consider the waiver argument and potentially develop an evidentiary record.

State Immunity under the Americans with Disabilities Act

Application: The Eleventh Circuit initially reversed the district court decision, following the precedent that the ADA did not validly abrogate state immunity, which was later upheld by the Supreme Court.

Reasoning: The United States Supreme Court later reversed the Eleventh Circuit’s decision, reinforcing that Congress lacked the authority to abrogate state immunity under the ADA and remanded the case.

Waiver of Eleventh Amendment Immunity under the Rehabilitation Act

Application: The plaintiffs claimed that by accepting federal financial assistance, the defendants waived their Eleventh Amendment immunity under Section 504 of the Rehabilitation Act.

Reasoning: The plaintiffs argued in their Petition for Rehearing that the defendants had voluntarily waived their Eleventh Amendment immunity under Section 504 of the Rehabilitation Act by accepting federal financial assistance that required such a waiver.