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POPOVICH v. CUYAHOGA COUNTY CT, DOMESTIC REL. DIV.

Nos. 98-4100, 98-4540.

227 F.3d 627 (2000)

Joseph M. POPOVICH, Plaintiff-Appellee/Cross-Appellant, v. CUYAHOGA COUNTY COURT OF COMMON PLEAS, DOMESTIC RELATIONS DIVISION, Defendant-Appellant/Cross-Appellee, Cuyahoga County, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 18, 2000

Attorney(s) appearing for the Case

Richard C. Haber (argued and briefed), Brian D. Sullivan, Reminger & Reminger, Cleveland, Ohio, for Appellee.

Bruce B. Elfvin (argued and briefed), Barbara Kaye Besser (briefed), Amy S. Glesius (briefed), Elfvin & Besser, Cleveland, Ohio, for Appellant.

Before: RYAN and BOGGS, Circuit Judges; DUGGAN, District Judge.

OPINION

RYAN, Circuit Judge.

This case presents a question of first impression in this court: whether Congress validly abrogated Eleventh Amendment immunity by applying Title II of the Americans with Disabilities Act (ADA) to the States. We hold that it did not and that, as a consequence, we must reverse the district court's judgment for the plaintiff.

Joseph M. Popovich brought three federal claims against the Domestic Relations Division of the...

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