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GARRETT v. UNIVERSITY OF ALABAMA

Nos. 98-6069, 98-6070.

193 F.3d 1214 (1999)

Patricia GARRETT, Plaintiff-Appellant, v. The UNIVERSITY OF ALABAMA AT BIRMINGHAM BOARD OF TRUSTEES, Defendant-Appellee, The United States of America, Intervenor. Milton Ash, Plaintiff-Appellant, v. Alabama Department of Youth Services, Defendant-Appellee, The United States of America, Intervenor.

United States Court of Appeals, Eleventh Circuit.

October 26, 1999.

Attorney(s) appearing for the Case

Deborah A. Mattison, Richard J. Ebbinghouse, Sandra B. Reiss, Kirsten H. Kowalski, Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, AL, for Plaintiffs-Appellants.

Donna Lenhoff, Washington, DC, Merl Wayman, Columbus, OH, for Amicus AARP and others.

Mark Stern, Alisa Klein, Civil Div., U.S. Dept. of Justice, Washington, DC, for Intervenor.

Lisa Huggins, Birmingham, AL, for Defendant-Appellee in 98-6069.

William J. Samford, II, Alabama Dept. of Youth Services, Mt. Meigs, AL, for Defendant-Appellee in 98-6070.

Before ANDERSON, Chief Judge, RONEY, Senior Circuit Judge, and COOK, Senior District Judge.

RONEY, Senior Circuit Judge:

These two consolidated cases appeal the grant of summary judgments to two defendant Alabama state agencies on the ground of sovereign immunity. They raise the question that is being litigated in various jurisdictions of whether a state is immune from suits by state employees asserting rights under certain federal laws. The three statutes here are: the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213; Section 504...

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