GUTTMAN v. KHALSA

Nos. 10-2167, 10-2172.

669 F.3d 1101 (2012)

Stuart T. GUTTMAN, M.D., Plaintiff-Appellant, v. G.T.S. KHALSA; Livingston Parsons; and the State of New Mexico, Defendants-Appellees. United States of America, Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

January 11, 2012.


Attorney(s) appearing for the Case

Ian D. McKelvy , Sanders, Bruin, Coll & Worley, P.A., Roswell, NM, for Plaintiff-Appellant.

Dirk C. Phillips , Attorney, Appellate Section, Civil Rights Division ( Thomas E. Perez , Assistant Attorney General, and Diana K. Flynn , with him on the briefs), United States Department of Justice, Washington, DC, for Intervenor-Appellant.

Thomas C. Bird ( Sean Olivas and Neil R. Bell , with him on the brief), Keleher & McLeod, P.A., Albuquerque, NM, for Defendants-Appellees.

Before BRISCOE, Chief Judge, and EBEL and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131-65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constituted an imminent danger to the public...

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