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ATASCADERO STATE HOSPITAL v. SCANLON

No. 84-351.

473 U.S. 234 (1985)

ATASCADERO STATE HOSPITAL ET AL. v. SCANLON

Supreme Court of United States.

Decided June 28, 1985

Attorney(s) appearing for the Case

James E. Ryan, Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were John K. Van de Kamp, Attorney General, Thomas E. Warriner, Assistant Attorney General, Anne S. Pressman, Supervising Deputy Attorney General, and G. R. Overton, Deputy Attorney General.

Marilyn Holle argued the cause for respondent. With her on the brief were Joseph Lawrence, J. LeVonne Chambers, Eric Schnapper, and Stanley Fleishman.*

JUSTICE POWELL delivered the opinion of the Court.

This case presents the question whether States and state agencies are subject to suit in federal court by litigants seeking retroactive monetary relief under § 504 of the Rehabilitation Act of 1973, 29 U. S. C. § 794, or whether such suits are proscribed by the Eleventh Amendment.

I

Respondent, Douglas James Scanlon, suffers from diabetes mellitus...

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