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ARMSTRONG v. WILSON

No. 96-16870.

124 F.3d 1019 (1997)

John ARMSTRONG; John Amauric; Richard Ponciano; Jack Swensen; Billy Beck; Judy Fendt; Walter Fratus; Roy Zattiero, Plaintiffs-Appellees, United States of America, Intervenor, v. Pete WILSON; Joseph Sandoval; James Gomez, Director, Department of Correction; Kyle S. McKinsey; Kevin Carruth; David Tristan; Marisela Montes, Deputy Director of the Parole and Community Services Division, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1997.

Attorney(s) appearing for the Case

James M. Humes, Deputy Attorney General, San Francisco, CA, for Defendants-Appellants.

Eve H. Shapiro, Howard, Rice Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, Donald Specter, Prison Law Office, San Quentin, CA, for Plaintiffs-Appellees.

Seth M. Galanter, United States Department of Justice, Washington, DC, for intervenor/amicus curiae United States of America.

Before GOODWIN, D.W. NELSON, and TROTT, Circuit Judges.

GOODWIN, Circuit Judge.

California state officials appeal an injunction entered in a class action brought by California state prison inmates and parolees with disabilities, who sought relief for violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131-34, and the Rehabilitation Act of 1973 ("RA"), 29 U.S.C. § 794. The district court denied the defendants' motion for summary judgment based on the Eleventh Amendment, found that the

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