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REICKENBACKER v. FOSTER

No. 00-31121.

274 F.3d 974 (2001)

Bobby Joe REICKENBACKER; James Hogg; Lonnie Barnes; Videl Tasby; Warner Wiley; Michael Juengain, Plaintiffs-Appellees, v. M.J. FOSTER, Jr., Etc.; et al., Defendants, Louisiana Department of Public Safety and Corrections, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 2001.

Attorney(s) appearing for the Case

Kathleen A. Behan, Robert M. Cooper (argued), Gordon Nathaniel Lederman, Scott D. Helsel, Arnold & Porter, Washington, DC, June E. Denlinger, Keith Baker Nordyke, Melanie S. Fields, Nordyke & Denlinger, Baton Rouge, LA, for Plaintiffs-Appellees.

Richard A. Curry (argued), Dan Edward West, Michael Brent Hicks, McGlinchey Stafford, Baton Rouge, LA, for Defendant-Appellant.

Before REAVLEY, HIGGINBOTHAM, and PARKER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to decide whether Title II of the Americans with Disabilities Act of 1990 and § 504 of the Rehabilitation Act of 1973 validly abrogate Eleventh Amendment sovereign immunity. We hold that they do not, and that the state defendant here is entitled to sovereign immunity. We therefore reverse.

I

On October 29, 1999, the plaintiffs filed a complaint in federal district court seeking injunctive...

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