BOARD OF TRUSTEES OF UNIV. OF ALA. v. GARRETT

No. 99-1240.

531 U.S. 356 (2001)

BOARD OF TRUSTEES OF THE UNIVERSITY OF ALABAMA et al. v. GARRETT et al.

United States Supreme Court.

Decided February 21, 2001.


Attorney(s) appearing for the Case

Jeffrey S. Sutton argued the cause for petitioners. With him on the briefs were Bill Pryor, Attorney General of Alabama, Alice Ann Byrne and Margaret L. Fleming, Assistant Attorneys General, Gregory G. Katsas, and Lisa Huggins.

Michael H. Gottesman argued the cause for respondents. With him on the brief were Arlene Mayerson, Laurence Gold, Deborah Mattison, Sandra Reiss, Ira Burnim, and Jennifer Mathis.

Solicitor General Waxman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Lee, Deputy Solicitor General Underwood, Patricia A. Millett, Jessica Dunsay Silver, and Seth M. Galanter.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion, in which O'Connor, J., joined, p. 374. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 376.


Chief Justice Rehnquist delivered the opinion of the Court.

We decide here whether employees of the State of Alabama may recover money damages by reason of the State's failure to comply with the provisions of Title I of the Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 330, 42 U. S. C. §§ 12111-12117.1 We hold that such suits are barred by the Eleventh Amendment.

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