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CLARK v. STATE OF CALIFORNIA

No. 96-16952.

123 F.3d 1267 (1997)

Derrick CLARK and Ambrose Woods, Individually and on Behalf of all Others Similarly Situated, Plaintiffs-Appellees, United States of America, Intervenor, v. STATE OF CALIFORNIA, California Department Of Corrections, Pete Wilson, Governor; Joseph Sandoval, Sec. of Youth & Corr.; James Gomez, Director, Department of Corr.; Kyle S. McKinsey; Nadim Khoury, M.D., John Zil, Chief Psychiatric, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1997.

Attorney(s) appearing for the Case

William Jenkins and James M. Humes, Deputy Attorneys General, San Francisco, CA, for defendants-appellants.

Caroline N. Mitchell, Pillsbury Madison & Sutro, San Francisco, CA, Donald H. Spector, Prison Law Office, San Quentin, CA, for plaintiffs-appellees.

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

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

GOODWIN, Circuit Judge:

The State of California appeals the denial of its motion to dismiss on the ground that the Eleventh Amendment bars this action against the state. Plaintiffs sued under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-34 ("ADA"), and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("section 504" or "Rehabilitation Act"). We agree with the district court that both acts are valid exercises of Congress...

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