ASS'N FOR DISABLED AMER. v. FLORIDA INTERN. UNIV.

No. 99CV3513.

178 F.Supp.2d 1291 (2001)

ASSOCIATION FOR DISABLED AMERICANS, INC., et al., Plaintiffs, v. FLORIDA INTERNATIONAL UNIVERSITY, Defendant.

United States District Court, S.D. Florida, Miami Division.

December 12, 2001.


Attorney(s) appearing for the Case

William Nicholas Charouhis, William N. Charouhis & Associates, Miami, FL, for plaintiffs.

Mitchell Edward Widom, Sherril May Colombo, Bilzin Sumberg Dunn Baena Price & Axelrod, Miami, FL, for defendant.


ORDER DISMISSING CASE ON ELEVENTH AMENDMENT IMMUNITY GROUNDS

JORDAN, District Judge.

The claims in this case against Florida International University are DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION. As explained below, the Eleventh Amendment bars suit against FIU under Title II of the ADA, 42 U.S.C. § 12131 et seq.1

Title II provides that "no qualified individual with a disability shall, by reason of...

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