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PUGLIESE v. DILLENBERG

No. 01-16544.

346 F.3d 937 (2003)

Patricia A. PUGLIESE, Plaintiff-Appellant, United States, Intervenor, v. Jack DILLENBERG, in his individual capacity and official capacity as Director of the Arizona Department of Health Services, husband; Wayne Leblance, in his official capacity as Assistant Chief of the Arizona Department of Health Services Office of Human Rights, husband; Arizona, State of, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2003.

Attorney(s) appearing for the Case

Trisha Kirtley, Phoenix, AZ, for the plaintiff-appellant.

Lisa Kay Hudson, Office of the Attorney General, Liability Management Section, Phoenix, AZ, for the defendants-appellees.

Before: ANDREW J. KLEINFELD, KIM McLANE WARDLAW, and WILLIAM A. FLETCHER, Circuit Judges.

Submitted September 11, 2003* — Pasadena, California.

PER CURIAM Opinion; Concurrence by Judge KLEINFELD.

OPINION

PER CURIAM.

The State of Arizona validly waived its sovereign immunity under the Eleventh Amendment to claims brought pursuant to § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq., when it accepted federal Rehabilitation Act...

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