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LOVELL v. CHANDLER

Nos. 98-16545, 99-15930, 98-16548, 99-15928.

303 F.3d 1039 (2002)

Richard K. LOVELL, Plaintiff-Appellee, v. Susan CHANDLER, in her official capacity as the Director of the Department of Human Services of the State of Hawaii; State of Hawaii, Defendants-Appellants. Douglas D. Delmendo, an incapacitated person, by his appointed guardian — Zosima Orillo Delmendo, Plaintiff-Appellee, v. Susan Chandler, in her official capacity as the Director of the Department of Human Services of the State of Hawaii; State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 31, 2000.

Resubmitted August 28, 2002.

Filed September 5, 2002.

Attorney(s) appearing for the Case

Earl I. Anzai, Attorney General; Charles Fell, Senior Deputy Attorney General; Nancy Albano, Deputy Attorney General; Madeleine Austin, Deputy Attorney General, State of Hawaii, Honolulu, HI, for the defendants-appellants.

Shelby Anne Floyd; Corianne W. Lau; Jason H. Kim, Alston Hunt Floyd & Ing, Honolulu, HI, for the plaintiffs-appellees.

Before D.W. NELSON, KOZINSKI and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

In an underlying class action suit, part of which is still pending, the district court granted partial summary judgment for plaintiffs against the State of Hawaii ("the State") on the issues of unlawful discrimination and general liability for compensatory damages under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and § 504 of the Rehabilitation Act (RA), 29 U.S.C. §...

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