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BURNS-VIDLAK EX REL. BURNS v. CHANDLER

No. 97-16329.

165 F.3d 1257 (1999)

Shea T. BURNS-VIDLAK, a minor, by his mother and next friend Honey BURNS; George Cohn, Plaintiffs-Appellees, v. Susan CHANDLER, in her official capacity as the Director of the Department of Human Services of the State of Hawaii; The State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

Girard D. Lau, Deputy Attorney General, Honolulu, Hawaii, for the defendants-appellants.

Shelby Anne Floyd and Bradford L. Tannen, Alston, Hunt, Floyd & Ing, Honolulu, Hawaii, for the plaintiffs-appellees.

Gregory B. Friel, United States Department of Justice, Washington, D.C., for the amicus.

Before: ALFRED T. GOODWIN, ROBERT R. BEEZER and T.G. NELSON, Circuit Judges.

BEEZER, Circuit Judge:

Susan Chandler, in her official capacity as the director of the Department of Human Services of the State of Hawaii, and the State of Hawaii [collectively hereinafter "the State"] appeal the denial of their motion for partial summary judgment on the question whether punitive damages are available against a state under Title II of the Americans with Disabilities Act, 42 U.S.C. § 12132 (1994) [hereinafter...

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