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MIRANDA B. v. KITZHABER

No. 01-35950.

328 F.3d 1181 (2003)

MIRANDA B.; Hannah C.; Jamie G.; Jong K.; Joanne K.; James R.; James R.; George P.; Anthony G.; Juan S.; Leonard P., individually and on behalf of all others similarly situated, Plaintiffs-Appellees, United States of America, Intervenor, v. John KITZHABER, Governor of the State of Oregon; Oregon Department of Human Services; Bob Mink, Director of the Oregon Department of Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2003.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, Salem, Oregon, argued the cause for the defendant-appellant and filed briefs; Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, were on the briefs.

Kathleen L. Wilde, Oregon Advocacy Center, Portland, Oregon, argued the cause for the plaintiffs-appellees; Stephen J. Mathieu, Oregon Advocacy Center, and Kent B. Thurber, Davis, Wright Tremaine, L.L.P., Portland, Oregon, filed a brief.

Kevin Russell, Attorney, Civil Rights Division, U.S. Department of Justice, Washington, D.C., argued the cause for the United States as Intervenor and filed a brief; Ralph F. Boyd, Jr., Assistant Attorney General, Jessica Dunsay Silver, Seth M. Galanter, Attorneys, Civil Rights Division, U.S. Department of Justice, were on the brief.

Before O'SCANNLAIN, FERNANDEZ, and FISHER, Circuit Judges.

Per Curiam Opinion; Concurrence by Judge O'SCANNLAIN

OPINION

PER CURIAM.

We must decide whether the Eleventh Amendment bars claims against the State of Oregon under the Americans with Disabilities Act and the Rehabilitation Act, and whether these statutes, in turn, bar claims against state officials.

I

The Plaintiffs are ten individuals with mental illness (collectively or individually "Miranda B.") who are institutionalized in...

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