HALE v. KING

No. 07-60997.

624 F.3d 178 (2010)

John Ashley HALE, Plaintiff-Appellant, v. Ronald KING, Superintendent of Southern Mississippi Correctional Institution; Margaret Bingham, Superintendent of Southern Mississippi Correctional Institution; Christopher Epps, Commissioner of Mississippi Department of Corrections; Mike Hatten, Health Service Administrator of Wexford for Southern Mississippi Correctional Institution; John Doe, Physician at Southern Mississippi Correctional Institution; Doctor Zandu, Psychiatrist at Central Mississippi Correctional Facility; Doctor Patrick Arnold, Physician for Correctional Medical Services at Southern Mississippi Correctional Institution; Doctor Williams, Psychiatrist of Correctional Medical Services for Southern Mississippi Correctional Institution; Doctor Trinca, Physician for Wexford at Southern Mississippi Correctional Institution; Miriam Moulds, Kitchen Supervisor at Southern Mississippi Correctional Institution; John Doe 2, Chief Executive Officer of Correctional Medical Services for Mississippi Department of Corrections; John Doe 3, Chief Executive Officer of Wexford at Southern Mississippi Correctional Institution for Mississippi Department of Corrections; Doctor McCleave; Doctor Woodall; Wexford Health Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 2010.


Attorney(s) appearing for the Case

Jeffrey Scott Levinger (argued) (Court-Appointed), Hankinson Levinger, L.L.P., Dallas, TX, for Hale.

Dirk Christian Phillips (argued), Diana Katherine Flynn , U.S. Dept. of Justice, Civ. Rights Div., App. Section, Washington, DC, for U.S.

Pelicia E. Hall , Sp. Asst. Atty. Gen. (argued), Charles Baron Irvin , Jackson, MS, for King, Epps, Hatten and Margaret Bingham.

Katie Lofton Wallace , Brunini, Grantham, Grower & Hewes, P.L.L.C., Jackson, MS, for Arnold.

Joseph A. O'Connell, III , Vardaman Kimball Smith, III , Bryan Nelson, P.A., Hattiesburg, MS, for Trinca, McCleave, Woodall and Wexford Health Services.

Robert Lawson Holladay, Sr. , Townsend, McWiliiams & Holladay, L.L.P., Drew, MS, for Moulds.

Before JOLLY, SMITH and OWEN, Circuit Judges.


PER CURIAM:

The district court held that the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12165, does not validly abrogate state sovereign immunity with respect to the claims of disabled inmates who were denied access to prison educational and work programs. Hale v. Mississippi, No. 2:06-CV-245, 2007 WL 3357562 (S.D.Miss. Nov. 9, 2007). Because Congress's authorization of those claims...

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