U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER IV— MISCELLANEOUS PROVISIONS

42 U.S.C. § 12202

State immunity

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 11 So in original. Probably should be “in a”. Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

Notes of Decisions
Cited in 314 cases (78 in the last 5 years), 1993–2026 · leading case: Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356 (2001).
Sort: Relevance Newest Treatment
Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356 (2001). · cites it 4× “See 42 U. S. C. § 12202 ("A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [a] Federal or State court of competent jurisdiction for a violation of this chapter").”
Tennessee v. Lane, 541 U.S. 509 (2004). · cites it 2× “The Act specifically provides: "A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter.”
Antonio Passaro, Jr. v. Commonwealth of Virginia, 935 F.3d 243 (4th Cir. 2019). · cites it 2× “Title I of the ADA protects workers with disabilities from discrimination and requires employers to make reasonable accommodations for them.”
Mary Jo C. v. New York State & Local Ret. Sys. et ano., 707 F.3d 144 (2d Cir. 2013). · cites it 2× “See 42 U.S.C. § 12202 . However, the validity of this abrogation depends on “whether Congress acted pursuant to a valid grant of constitutional authority.”
Jill Babcock v. State of Mich., 812 F.3d 531 (6th Cir. 2016). · cites it 2× “42 U.S.C. § 12202 (“A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [a] Federal or State court of competent jurisdiction for a violation of this chapter.”
Florida Prepaid Postsecondary Educ. Expense Bd. v. Coll. Sav. Bank, 527 U.S. 627 (1999). · cites it 2× “, 42 U. S. C. § 12202 (Americans with Disabilities Act of 1990); 11 U.”
Ernest Edgar Black Jeff Wigington, 811 F.3d 1259 (11th Cir. 2016). “” 42 U.S.C. § 12202 . This abrogation is a valid exercise of Congress’s authority under section 5 of the Fourteenth Amendment when a plaintiff complains about conduct that violates both Title II and the Fourteenth Amendment.”
Keitt v. New York City, 882 F. Supp. 2d 412 (S.D.N.Y. 2011). “See 42 U.S.C. § 12202 (“A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court .”
Garcia v. S.U.N.Y. Health Sciences Ctr. of Brooklyn, 280 F.3d 98 (2d Cir. 2001). · cites it 3× “What is unresolved, however, is whether Title II was enacted pursuant to a grant of constitutional authority that empowers Congress to abrogate state sovereign immunity.”
Tremayne Durham v. G. Kelley, 82 F.4th 217 (3d Cir. 2023). “the provisions of the Amendment by creating private remedies against the States for actual violations of those provisions.”
Motoyama v. Hawaii, Dep't of Transp., 864 F. Supp. 2d 965 (D. Haw. 2012). · cites it 2× “In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or…”
Craig Geness v. Admin. Off. of Penns, 974 F.3d 263 (3d Cir. 2020). “The Title’s purpose, in part, is “to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.”
Show all 314 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.