Pennsylvania Dep't of Corr. v. Yeskey, 524 U.S. 206 (1998). · Go Syfert
Pennsylvania Dep't of Corr. v. Yeskey, 524 U.S. 206 (1998). Cases Citing This Book View Copy Cite
2,892 citation events (2,504 in the last 25 years) across 138 distinct courts.
Strongest positive: Davis v. Maryland Department of Public Safety and Correctional Service (mdd, 2025-07-16) · Strongest negative: United States of America v. Ian Freeman (nhd, 2023-08-22)
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examined Cited "but see" United States of America v. Ian Freeman (3×) also: Cited as authority (rule), Cited "see"
D.N.H. · 2023 · signal: but see · confidence high
The agency instead must point to ‘clear congressional authorization’ for the power it claims.” Id. at 2609 (quoting Utility Air Regulatory Group v. EPA, 573 U.S. 302 , 324 (2014)); but see Yeskey, 524 U.S. at 212 (noting that “in the context of an unambiguous statutory text,” arguments concerning whether Congress has made its intention clear are “irrelevant”).
examined Cited "but see" Chisolm v. Manimon (3×)
D.N.J. · 2000 · signal: but see · confidence high
But see Yeskey v. Commonwealth of Pennsylvania Dept. of Corrections, 118 F.3d 168 , 174-75 & n. 8 (3d Cir.1997) (declining to decide question of whether Turner v. Safley should be applied to statutory as well as constitutional claims), aff'd on other grounds, 524 U.S. 206 , 118 S.Ct. 1952 , 141 L.Ed.2d 215 (1998).
discussed Cited as authority (verbatim quote) Escarcega
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
the title of a statute cannot limit the plain meaning of the text.
discussed Cited as authority (verbatim quote) Davis v. Maryland Department of Public Safety and Correctional Service
D. Maryland · 2025 · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 'public entity
discussed Cited as authority (verbatim quote) Odette Blanco De Fernandez v. Seaboard Marine Ltd.
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
he fact that a statute can be applied in situations not expressly antici- pated by congress does not demonstrate ambiguity. it demon- strates breadth.
discussed Cited as authority (verbatim quote) Jean Robert Saint-Jean v. Emigrant Mortg. Co., Inc.
2d Cir. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the title of a statute cannot limit the plain meaning of the text. for interpretive purposes, it is of use only when it sheds light on some ambiguous word or phrase.
discussed Cited as authority (verbatim quote) ORTIZ v. SMITH
M.D.N.C. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he plain text of title ii of the ada unambiguously extends to state prison inmates.
examined Cited as authority (verbatim quote) GRAY v. NEW JERSEY DEPARTMENT OF CORRECTIONS
D.N.J. · 2024 · quote attribution · 1 verbatim quote · confidence high
modern prisons provide inmates with many tecreational "activities," medical "services," and educational and vocational "programs," all of which at least theoretically "benefit" the prisoners (and any of which disabled prisoners could be "excluded from participation in'),
discussed Cited as authority (verbatim quote) Freudenberg v. County Of Orange
S.D.N.Y. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he plain text of title ii of the ada unambiguously extends to state prison inmates.
discussed Cited as authority (verbatim quote) Canter v. The State Of Maryland
D. Maryland · 2023 · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 'public entity . . .
discussed Cited as authority (verbatim quote) Mills v. Iser
D. Maryland · 2023 · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 'public entity . . .
discussed Cited as authority (verbatim quote) Woodhull Freedom Foundation v. United States
D.C. Cir. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he fact that a statute can be 'applied in situations not expressly anticipated by congress does not demonstrate ambiguity. it demonstrates breadth.
discussed Cited as authority (verbatim quote) (PC) Rilurcasa v. State of California (2×) also: Cited as authority (rule)
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
title ii applies to the 3 operation of state prisons.
discussed Cited as authority (verbatim quote) Davis v. Maryland Parole Commission
D. Maryland · 2022 · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 'public entity . . .
discussed Cited as authority (verbatim quote) Royer v. Elkhart City of
N.D. Ind. · 2022 · quote attribution · 1 verbatim quote · confidence high
he ada plainly covers state institutions without any exception that could cast the coverage of prisons into doubt
discussed Cited as authority (verbatim quote) Thompson v. New York State Corrections and Community Supervision
W.D.N.Y. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rehabilitation act has been held to apply to prisoner claims as a general matter.
examined Cited as authority (verbatim quote) Summers v. State of Louisiana, Department of Health and Hospitals (3×) also: Cited as authority (rule)
M.D. La. · 2022 · quote attribution · 1 verbatim quote · confidence high
title ii of the ada unambiguously extends to state prison inmates.
discussed Cited as authority (verbatim quote) DUKES v. WOOD
W.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence high
title ii of the ada applies to services, programs and activities provided within correctional institutions
examined Cited as authority (verbatim quote) Hodges v. Davis
N.D. Cal. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 11 'public entity,' which includes 'any department, agency, special purpose district, or other 12 instrumentality of a state or states or local government.
discussed Cited as authority (verbatim quote) Munoz v. California Department of Corrections and Rehabilitation (2×) also: Cited "see"
E.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
the ada and ra apply to 19 inmates and parolees in the state correctional system
discussed Cited as authority (verbatim quote) (PC) Rilurcasa v. State of California (2×) also: Cited as authority (rule)
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence high
title ii applies to the operation of state prisons.
discussed Cited as authority (verbatim quote) Oxbow Carbon & Minerals LLC v. Union Pacific Railroad Company
D.D.C. · 2021 · quote attribution · 1 verbatim quote · confidence high
he title of a statute . . . cannot limit the plain meaning of the text. for interpretive purposes, of use only when shed light on some ambiguous word or phrase.
discussed Cited as authority (verbatim quote) (PC) Harbor v. CDCR
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence high
title ii applies to the operation of state prisons.
examined Cited as authority (verbatim quote) Dudley v. Singleton (3×) also: Cited "see", Cited "see, e.g."
N.D. Ala. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
modern prisons provide inmates with many recreational 'activities,' medical 'services,' and educational and vocational 'programs,' all of which at least 41 theoretically 'benefit' the prisoners (and any of which disabled prisoners could be 'excluded from participation in').
discussed Cited as authority (verbatim quote) NEGUSIE
BIA · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
petitioners argue that the words 'eligibility' and 'participation' imply voluntariness . . . . this is wrong . . . because the words do not connote voluntariness.
discussed Cited as authority (verbatim quote) SKELTON v. NEW JERSEY DEPARTMENT OF CORRECTIONS
D.N.J. · 2020 · quote attribution · 1 verbatim quote · confidence high
title ii of the ada applies to services, programs and activities provided within correctional institutions.
discussed Cited as authority (verbatim quote) Marks v. Colorado Dept. of Corrections
10th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
both the and the undoubtedly apply to state prisons and their prisoners.
discussed Cited as authority (verbatim quote) Make The Road New York v. Chad F. Wolf
D.C. Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he title of a statute cannot limit the plain meaning of the text.
examined Cited as authority (verbatim quote) (PC) Parrish v. Macomber
E.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
modern prisons provide inmates with many 13 recreational 'activities,' medical 'services,' and educational and vocational 'programs,' all of 14 which at least theoretically 'benefit' the prisoners (and any of which disabled prisoners could be 15 excluded from participation in)
discussed Cited as authority (verbatim quote) Johnson v. Precythe
E.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence high
here, the ada plainly covers state institutions without any exception that could cast the coverage of prisons into doubt.
discussed Cited as authority (verbatim quote) Marks v. Colorado Dept. of Corrections
10th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
both the and the undoubtedly apply to state prisons and their prisoners.
examined Cited as authority (verbatim quote) HARGROVE v. CITY OF PHILADELPHIA
E.D. Pa. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
modern prisons provide inmates with many recreational 'activities,' medical 'services,' and educational and vocational 'programs,' all of which at least theoretically 'benefit' the prisoners (and any of which disabled prisoners could be 'excluded from participation in').
discussed Cited as authority (verbatim quote) CHMIEL v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS
W.D. Pa. · 2020 · quote attribution · 1 verbatim quote · confidence high
title ii of the ada applies to services, programs and activities provided within correctional institutions.
examined Cited as authority (verbatim quote) Blazer v. Dooley
D.S.D. · 2018 · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 'public entity,' which includes 'any department, agency, special purpose district, or other instrumentality of a state or states or local government
examined Cited as authority (verbatim quote) Kevin Spencer v. United States (4×) also: Cited as authority (quoted)
11th Cir. · 2014 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
he fact that a statute can be applied in situations not expressly anticipated by congress does not demonstrate ambiguity. it demonstrates breadth.
discussed Cited as authority (verbatim quote) Kevin Spencer v. United States
11th Cir. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he fact that a statute can be applied in situations not expressly anticipated by congress does not demonstrate ambiguity. it demonstrates breadth.
examined Cited as authority (verbatim quote) Joe Houston v. Marod Supermarkets, Inc. (4×) also: Cited as authority (quoted)
11th Cir. · 2013 · quote attribution · 4 verbatim quotes · confidence high
he fact that a statute can be applied in situations not expressly anticipated by congress does not demonstrate ambiguity. it demonstrates breadth.
examined Cited as authority (verbatim quote) William Castle v. Eurofresh, Inc. (7×) also: Cited as authority (quoted), Cited "see, e.g."
9th Cir. · 2013 · quote attribution · 4 verbatim quotes · confidence high
he plain text of title ii of the ada unambiguously extends to state prison inmates.
discussed Cited as authority (verbatim quote) William Castle v. Eurofresh, Inc. (2×) also: Cited "see, e.g."
9th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
he plain text of title ii of the ada unambiguously extends to state prison inmates.
examined Cited as authority (verbatim quote) Florida Department of Revenue v. Piccadilly Cafeterias, Inc. (4×) also: Cited as authority (quoted)
SCOTUS · 2008 · signal: see, e.g. · quote attribution · 4 verbatim quotes · confidence high
he title of a statute . . . cannot limit the plain meaning of the text
examined Cited as authority (verbatim quote) Pierce v. County of Orange (2×) also: Cited "see"
9th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
modern pris- ons provide inmates with many recreational 'activities,' medi- cal 'services,' and educational and vocational 'programs,' all of which at least theoretically 'benefit' the prisoners (and any of which disabled prisoners could be 'excluded from partici- pation in').
discussed Cited as authority (verbatim quote) United States v. Rand, James H.
7th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
eliance upon headings to determine the mean- ing of a statute is not a favored method of statutory construction.
discussed Cited as authority (verbatim quote) Whitfield v. United States
SCOTUS · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
he title of a statute . . . cannot limit the plain meaning of the text
discussed Cited as authority (verbatim quote) Hedin v. Thompson, Sec
4th Cir. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
he title of a statute . . . cannot limit the plain meaning of the text. for interpretive purposes, of use only when shed light on some ambiguous word or phrase.
discussed Cited as authority (verbatim quote) Dean v. Byerley
6th Cir. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
the title of a no. 02-1421 dean v. byerley 39 40 dean v. byerley no. 02-1421 statute . . . cannot limit the plain meaning of the text.
examined Cited as authority (verbatim quote) Alsbrook v. City Of Maumelle
8th Cir. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
we do not address... whether application of the ada to state prisons is a constitutional exercise of congress's power under... 5 of the fourteenth amendment, see city of boerne v. flores, 521 u.s. 507 (1997).
examined Cited as authority (quoted) (PC) Jones v. Castillo
E.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence low
state prisons fall 28 squarely within the statutory definition of "public entity," which includes 'any department, 1 agency, special purpose district, or other instrumentality of a state or states or local 2 government.
examined Cited as authority (quoted) (PC) Bailey v. Mejia
E.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence low
state prisons fall squarely 18 within the statutory definition of "public entity," which includes 'any department, agency, special 19 purpose district, or other instrumentality of a state or states or local government.
discussed Cited as authority (quoted) Smith v. Dunn (DEATH PENALTY) (2×) also: Cited "see, e.g."
M.D. Ala. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
state prisons fall squarely within the statutory definition of 'public entity'. . . .
examined Cited as authority (quoted) Cox v. Callaway County, Missouri (2×)
W.D. Mo. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
state prisons fall squarely within the statutory definition of 'public entity,' which includes 'any department, agency, special purpose district, or other instrumentality of a state or states or local government.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS Et Al.
v.
YESKEY
97-634.
Supreme Court of the United States.
Jun 15, 1998.
524 U.S. 206
Paul A. Tufano argued the cause for petitioners. With him on the briefs was Syndi L. Guido., Donald Specter argued the cause for respondent. With him on the brief were Eve H. Cervantez and Arlene B. Mayerson., Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Underwood, Paul R. Q. Wolfson, Jessica Dunsay Silver, Linda E. Thome, and Seth M. Galanter*
Scalia.
Cited by 1,337 opinions  |  Published
23 passages pin-cited by 32 cases
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Citer courts: Sixth Circuit (15) · Ninth Circuit (15) · Eleventh Circuit (9) · Second Circuit (6) · Third Circuit (6) · S.D. New York (6) · D. Oregon (6)
[*208] Justice Scalia

delivered the opinion of the Court.

The question before us is whether Title II of the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 337, 42 U. S. C. § 12131 et seq., which prohibits a “public entity” from discriminating against a “qualified individual with a disability” on account of that individual's disability, see § 12132, covers inmates in state prisons. Respondent Ronald Yeskey was such an inmate, sentenced in May 1994 to serve 18 to 36 months in a Pennsylvania correctional facility. The sentencing court recommended that he be placed in Pennsylvania’s Motivational Boot Camp for first-time offenders, the successful completion of which would have led to his release on parole in just six months. See Pa. Stat. Ann., Tit. 61, § 1121 et seq. (Purdon Supp. 1998). Because of his medical history of hypertension, however, he was refused admission. He filed this suit against petitioners, the Commonwealth of Pennsylvania’s Department of Corrections and several department officials, alleging that his exclusion from the Boot Camp violated the ADA. The District Court dismissed for failure to state a claim, Fed. Rule Civ. Proc. 12(b)(6), holding the ADA inapplicable to inmates in state prisons; the Third Circuit reversed, 118 F. 3d 168 (1997); we granted certiorari, 522 U. S. 1086 (1998).

Petitioners argue that state prisoners are not covered by the ADA for the same reason we held in Gregory v. Ashcroft, 501 U. S. 452 (1991), that state judges were not covered by the Age Discrimination in Employment Act of 1967 (ADE A), 29 U. S. C. §621 et seq. Gregory relied on the canon of construction that absent an “unmistakably clear” expression of intent to “alter the usual constitutional balance between the[*209] States and the Federal Government,” we will interpret a statute to preserve rather than destroy the States’ “substantial sovereign powers.” 501 U. S., at 460-461 (citations and internal quotation marks omitted). It may well be that exercising ultimate control over the management of state prisons, like establishing the qualifications of state government officials, is a traditional and essential state function subject to the plain-statement rule of Gregory. “One of the primary functions of government,” we have said, “is the preservation of societal order through enforcement of the criminal law, and the maintenance of penal institutions is an essential part of that task.” Procunier v. Martinez, 416 U. S. 396, 412 (1974), overruled on other grounds, Thornburgh v. Abbott, 490 U. S. 401, 414 (1989). “It is difficult to imagine an activity in which a State has a stronger interest,” Preiser v. Rodriguez, 411 U. S. 475, 491 (1973).

Assuming, without deciding, that the plain-statement rule does govern application of the ADA to the administration of state prisons, we think the requirement of the rule is amply met: the statute’s language unmistakably includes State prisons and prisoners within its coverage. The situation here is not comparable to that in Gregory. There, although the ADEA plainly covered state employees, it contained an exception for “'appointee[s] on the policymaking level’” which made it impossible for us to “conclude that the statute plainly eover[ed] appointed state judges.” 501 U. S., at 467. Here, the ADA plainly covers state institutions without any exception that could cast the coverage of prisons into doubt. Title II of the ADA provides:[*210] State prisons fall squarely within the statutory definition of “public entity,” which includes “any department, agency, special purpose district, or other instrumentality of a State or States or local government.” § 12131(1)(B).

[*209] “Subject to the provisions of this subehapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U. S. C. § 12132.

[*210] Petitioners contend that the phrase “benefits of the services, programs, or activities of a public entity,” § 12132, creates an ambiguity, because state prisons do not provide prisoners with “benefits” of “programs, services, or activities” as those terms are ordinarily understood. We disagree. Modern prisons provide inmates with many recreational “activities,” medical “services,” and educational and vocational “programs,” all of which at least theoretically “benefit” the prisoners (and any of which disabled prisoners could be “excluded from participation in”). See Block v. Rutherford, 468 U. S. 576, 580 (1984) (referring to “contact visitation program”); Hudson v. Palmer, 468 U. S. 517, 552 (1984) (discussing “rehabilitative programs and services”); Olim v. Wakinekona, 461 U. S. 238, 246 (1983) (referring to “appropriate correctional programs for all offenders”), indeed, the statute establishing the Motivational Boot Camp at issue in this very case refers to it as a “program.” Pa. Stat. Ann., Tit. 61, § 1123 (Purdon Supp. 1998). The text of the ADA provides no basis for distinguishing these programs, services, and activities from those provided by public entities that are not prisons.

We also disagree with petitioners’ contention that the term “qualified individual with a disability” is ambiguous insofar as concerns its application to state prisoners. The statute defines the term to include anyone with a disability

“who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” 42 U. S. C. § 12131(2).

[*211] Petitioners argue that the words “eligibility” and “participation” imply voluntariness on the part of an applicant who seeks a benefit from the State, and thus do not connote prisoners who are being held against their will. This is wrong on two counts: First, because the words do not connote vol-untariness. See, e. g., Webster’s New International Dictionary 831 (2d ed. 1949) (“eligible”: “Fitted or qualified to be chosen or elected; legally or morally suitable; as, an eligible candidate”); id,, at 1782 (“participate”: “To have a share in common with others; to partake; share, as in a debate”). While “eligible” individuals “participate” voluntarily in many programs, services, and activities, there are others for which they are “eligible” in which “participation” is mandatory. A drug addict convicted of drug possession, for example, might, as part of his sentence, be required to “participate” in a drug treatment program for which only addicts are “eligible.” And secondly, even if the words did connote voluntariness, it would still not be true that all prison “services,” “programs,” and “activities” are excluded from the ADA because participation in them is not voluntary. The prison law library, for example, is a service (and the use of it an activity), which prisoners are free to take or leave. Cf. Gabel v. Lynaugh, 835 F. 2d 124, 125, n. 1 (CA5 1988) (per curiam) (“pro se civil rights litigation has become a recreational activity for state prisoners”). In the very ease at hand, the governing law makes it clear that participation in the Boot Camp program is voluntary. See Pa. Stat. Ann., Tit. 61, § 1126(a) (Purdon Supp. 1998) (“An eligible inmate may make an application to the motivational boot camp selection committee for permission to participate in the motivational boot camp program”); § 1126(c) (“[c]onditio[n]” of “participation]” is that applicant “agree to be bound by” certain “terms and conditions”).

Finally, petitioners point out that the statute’s statement of findings and purpose, 42 U. S. C. § 12101, does not mention prisons and prisoners. That is perhaps questionable, since the provision’s reference to discrimination “in such critical[*212] areas as . . . institutionalization,”' § 12101(a)(3), can be thought to include penal institutions. But assuming it to be true, and assuming further that it proves, as petitioners contend, that Congress did not “envisio[n] that the ADA would be applied to state prisoners,” Brief for Petitioners 13-14, in the context of an unambiguous statutory text that is irrelevant. As we have said before, the fact that a statute can be “‘applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth.’ ” Sedima, S. P. R. L. v. Imrex Co., 473 U. S. 479, 499 (1985) (citation omitted).

Our conclusion that the text of the ADA is not ambiguous causes us also to reject petitioners’ appeal to the doctrine of constitutional doubt, which requires that we interpret statutes to avoid “grave and doubtful constitutional questions,” United States ex rel. Attorney General v. Delaware & Hudson Co., 213 U. S. 366, 408 (1909). That doctrine enters in only “where a statute is susceptible of two constructions,” ibid. And for the same reason we disregard petitioners’ invocation of the statute’s title, “Public Services,” 104 Stat. 337. “[T]he title of a statute... cannot limit the plain meaning of the text. For interpretive purposes, [it is] of use only when [it] shed[s] light on some ambiguous word or phrase.” Trainmen v. Baltimore & Ohio R. Co., 331 U. S. 519, 528-529 (1947).

We do not address another issue presented by petitioners: whether application of the ADA to state prisons is a constitutional exercise of Congress’s power under either the Commerce Clause, compare Printz v. United States, 521 U. S. 898 (1997), with Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), or §5 of the Fourteenth Amendment, see City of Boerne v. Flores, 521 U. S. 507 (1997). Petitioners raise this question in their brief, see Brief for Petitioners 22-23, but it was addressed by neither the District Court nor the Court of Appeals, where petitioners raised only the Gregory plain-statement issue. “Where[*213] issues are neither raised before nor considered by the Court of Appeals, this Court will not ordinarily consider them.” Adickes v. S. H. Kress & Co., 398 U. S. 144, 147, n. 2 (1970) (citations omitted). See also Dothard v. Rawlinson, 433 U. S. 321, 323, n. 1 (1977); Duignan v. United States, 274 U. S. 195, 200 (1927). We decline to do so here.

* * *

Because the plain text of Title II of the ADA unambiguously extends to state prison inmates, the judgment of the Court of Appeals is affirmed.

It is so ordered.